THE  LIBRARY 
OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


FROM  THE  LIBRARY  OF 
FRANK  J.  KLINGBERG 


SOURCE-BOOK 


OF 

ENGLISH   HISTORY 

LEADING  DOCUMENTS 

TOGETHER  WITH 

ILLUSTRATIVE  MATERIAL  FROM  CONTEMPORARY 
WRITERS 

AND  A 

BIBLIOGRAPHY  OF  SOURCES 

BY 

GUY  CARLETON   LEE,  PH.D. 

OF  JOHNS  HOPKINS  UNIVERSITY 

SECOND  EDITION,  REVISED 


NEW  YORK 

HENRY  HOLT  AND  COMPANY 
1906 


Copyright,  tqoa, 

BY 
HENRY  HOLT  &  CO. 


College 
Library 


I  dedicate  this  volume,  by  his  kind  permission,  to 

Gbe  IRiflbt  IRcvcrcn^  lUilltam  Stubbs 
LORD   BISHOP   OF   OXFORD 

In  appreciation  of  his  contributions  to 
historical  literature 


1327471 


PREFACE  TO  THE  SECOND  EDITION 


THE  generous  appreciation  of  my  fellow- workers  in  the 
field  of  English  History  resulted  in  the  exhaustion  of  the 
first  edition  of  the  Source-Book.  The  opportunity  for 
a  revision  of  the  text  thus  came  to  me.  I  have  gladly 
availed  myself  of  it  in  order  that  the  usefulness  of  the 
book  might  be  increased. 

This  new  edition,  however,  does  not  contain  any  radical 
changes.  The  plan  of  the  book  and  the  choice  of  selec- 
tions are  the  same.  The  careful  reader  will,  nevertheless, 
detect  various  alterations.  These  are,  as  a  rule,  typo- 
graphical corrections  discovered  by  a  rigid  triple  com- 
parison of  each  word  of  the  text  of  the  first  edition  with 
that  of  the  source  from  which  the  excerpt  was  made. 

The  chapter  devoted  to  "  The  Growth  of  Law  "  has 
presented  many  editorial  difficulties,  owing  to  the  fact 
that  no  one  text  or  translation  of  the  early  English 
statutes  can  be  regarded  as  absolutely  correct.  I  have 
in  this  work  edited  the  early  statutes  after  the  following 
plan:  I  have  selected  those  parts  of  the  best  readings 
which  were  closest  to  the  meaning  of  the  most  highly 
approved  MSS.  texts.  I  have  combined  these  excerpts 
into  what  I  believe  to  be  an  accurate  rendition  of  the 
statute.  My  version  will  in  several  particulars  differ 
from  The  Statutes  of  the  Realm  and  The  Statutes  at 
Large.  The  differences  are  rendered  necessary  by  the 
variations  and  errors  of  these  antiquated  works. 


vi  PREFACE 

1  have  made  no  changes  in  the  choice  of  illustrative 
material  of  the  section  illustrating  the  Nineteenth  Cen- 
tury. An  examination  of  the  authorship  of  the  selections 
will  demonstrate  their  right  to  speak  authoritatively  of 
the  events  of  which  they  treat. 

I  trust  that  this  edition  will  aid  to  illustrate  the  history 
of  England  and  that,  despite  its  faults,  it  may  prove  a 
useful  working  tool. 

GUY  CARLETON  LEE 

JOHNS  HOPKINS  UNIVERSITY 
October  15,  1901 


PREFACE 


IN  editing  this  volume  I  have  differed  from  the  plan 
of  selection  adopted  by  Bishop  Stubbs,  in  that  I  have  in- 
cluded illustrative  material  not  strictly  documentary ; 
and  I  have  departed  from  the  method  of  Professor  Hart 
—  from  whom  I  have  borrowed  the  name,  source-book  — 
in  that  I  have  included  the  great  constitutional  and  legal 
documents  which  furnish  the  framework  of  the  history 
of  national  development. 

Though  I  have  differed  in  details  of  editing  from  these 
learned  scholars,  to  whom  students  and  teachers  of  his- 
tory are  under  great  obligations,  yet  I  have  striven  for 
the  same  result  that  they  have  so  successfully  attained, 
in  that  their  works  are  not  only  useful  tools  for  the  class- 
room and  authoritative  reference  works  for  the  library 
but  are  interesting  to  the  general  reader. 

The  scope  of  this  collection  of  sources  is  such  as  to 
make  it  available  for  use  with  any  text-book  upon  Eng- 
lish History.  It  extends  from  the  first  mention  of  Britain 
by  ancient  historians  to  the  last  great  treaty  with  the 
Boers  of  South  Africa.  Thanks  to  the  liberality  of  my 
publishers,  who  have  regarded  the  work  from  the  educa- 
tional  rather  than  the  commercial  point  of  view,  I  have 
been  enabled  to  add  to  its  usefulness  by  including  much 
illustrative  material  hitherto  inaccessible  to  most  stu- 
dents. 

The  first  part  of  the  volume  is  devoted  to  a  working 
bibliography  of  sources.  An  attempt  has  been  made  to 
cite  nearly  every  important  collection  by  title;  and, 
where  an  omission  has  been  found  to  be  necessary,  the 
student  is  furnished  with  such  bibliographical  informa- 


via  PREFACE 

tion  as  will  enable  him  to  find  material  for  the  epoch 
under  consideration.  I  desire  to  express  my  obligations 
in  this  department  to  the  erudite  and  invaluable  works  of 
Professor  Charles  Gross  and  of  the  late  Sir  Thomas 
Duffus  Hardy ;  to  them  the  student  must  always  turn  for 
bibliographical  detail. 

In  editing  this  volume  I  have  in  most  cases  modern- 
ized the  spelling,  punctuation,  and  capitalization  of  the 
excerpts,  believing  that  documents  are  most  useful  in 
their  most  readable  form.  I  have,  however,  preserved 
the  original  style  when  necessary  to  bring  out  the  full 
effect  of  the  selections.  In  selecting  matter  from  printed 
texts  I  have  sought  to  excerpt  from  the  most  approved 
editions  without  reference  to  date  of  their  publication. 
In  choosing  from  reprints  I  have  preferred  the  official 
editions.  In  deciding  upon  translations  I  have  selected 
and  edited  those  which  in  my  opinion  most  faithfully 
present  the  meaning  of  the  best  manuscripts.  The  senti- 
ments expressed  in  the  selections  are  those  of  the  respect- 
ive authors;  I  am  obliged  to  disclaim  any  responsibility 
for  them. 

I  desire  to  express  my  gratitude  to  authors  and  pub- 
lishers for  the  use  of  much  valuable  material.  I  have 
taken  pains  to  acknowledge  special  obligations  by  indi- 
cating my  sources  at  the  close  of  each  selection.  I  am 
especially  grateful  for  the  many  privileges  and  kind- 
nesses which  I  have  received  from  Philip  R.  Uhler,  Pro- 
vost of  the  Peabody  Library,  and  his  assistants,  all  of 
whom  have  been  untiring  in  their  efforts  to  aid  me  in  my 
work. 

I  shall  be  under  obligations  to  my  fellow-labourers  in 
the  field  of  history  if  they  will  advise  me  of  any  sins  of 
omission  or  commission  which  they  may  note. 

G.  C.  L. 

HISTORICAL  DEPARTMENT 

JOHNS  HOPKINS  UNIVERSITY 
May,  1900 


CONTENTS 


PART  I 

BIBLIOGRAPHY  OF  SOURCES 
CHAPTER  I  —  HISTORIANS;  CATALOGUES  AND  COLLECTIONS 

SECTION'  PACK 

1.  The  Historians 3 

2.  Catalogues  of  Sources  ........ 5 

3.  Great  Collections  of  Materials 9 

CHAPTER  II  —  SOURCES  ARRANGED  BY  EPOCHS 

4.  P.re-Norrnan   Period 26 

5.  Frorn  the,  Cpnquest.to.the  Charter  , 31 

6.  F.rom  the  Charter  tp  the  .Reformation 34 

7.  The  Tudor   Period 40 

8.  The  Struggle  for  Constitutional  Government    ....  49 

9.  The  Hanoverian  Period 55 

10.  Nineteenth  Century  .•,•,•»•••»• 61 


PART  II 

THE  PRE-NORMAN  PERIOD 

(circa  425  B.C.  to  1066  A.D.) 

CHAPTER  III  —  THE  BRITAIN  OF  THE  ANCIENTS 

11.  First  Mention  of  the  Islands  afterwards  called  British  .  65 

12.  First  Mention  of  the  Islands  by  Name  .......  65 

13.  Evidence  of  Increasing  Interest  in  the  British  Islands  .  66 

14.  First  Roman  Invasion  of  Britain 66 

15.  Description  of  the  Britons 68 

16.  Characteristics  of  the  Britons 69 

17.  The  Tin  Mine's  of  Britain  '  . 70 

18.  Phases  of  the  Roman  Occupation 72 

19.  Consequences  of  the  Withdrawal  of  the  Romans   ...  76 

20.  The  Power  of '  Britain  revives    . " 77 

ix 


K  CONTENTS 

CHAPTER  IV  —  THE  BIRTH  OF  THE  ENGLISH  NATION 

5KCTION  PAGE 

21.  The  Ancient  Germans 79 

22.  Coming  of  Hengist  and  Horsa 80 

23.  England  becomes  One  Kingdom 82 

24.  Reestablishment  of  Christianity 84 

CHAPTER  V  —  ANGLO-SAXON  LAWS 

(The  Dooms  of  the  Kings  Alfred,  Athelstan,  and  Edgar) 

25.  Of  a  Man's  Eye-Wound  and  of  various  other  Limbs  .     .  87 

26.  Of  Lordless  Men 88 

27.  Of  Landless  Men 88 

28.  Of  the  Doom  concerning  Hot  Iron  and  Water  ....  88 

29.  Of  Wer-Gilds  ...  V 89 

30.  Of  People's  Ranks  and  Law 90 

31.  How  the  Hundred  shall  be  held 91 

32.  Ordinance  of  King  Edgar  —  Church-Scots 92 

33.  Tithes        92 

34.  Hearth  Penny 92 

35.  Festivals -ami  Fasts 93 

36.  Secular  Ordinance 93 

CHAPTER  VI  —  THE  DANES  IN  ENGLAND 

37.  Danish  Invasions <X> 

38.  Alfred  at  Athelney 97 

39.  Alfred  and  Guthrum's  Peace 98 

40.  Second  Period  of  Danish  Invasion 99 

41.  Laws  of  Canute 101 

42.  Charter  of  Canute 103 

43.  Letter  of  Canute  to  his  People 105 

PART  III 

FROM  THE  CONQUEST  TO  THE  CHARTER 

(1066  to  1215) 

.CHAPTER  VII  —  THE  NORMAN  RULE 

44.  Invasion  of  England m 

45.  Coronation 'Oath' of  William  the  Conqueror 117 

46.  Administration  of  William 117 

47.  Character  of  William 118 

48.  Doomsday  Survey 119 


CONTENTS  xi 

SECTION  PACK 

49.  A  Doomsday  Manor 121 

50.  Letter" of  William  I.  to  Gregory  VII 121 

51.  Royal '  Supremacy  '.'.".'.' 122 

52.  Separation  of  Spiritual  ahd'Ldy  Courts 122 

53.  First  Charter  of  the  City  of  London 123 

54.  Exactions  of  William  Rufas 124 

55.  Charter  of  Liberties  of  Henry  1 124 

56.  Charter  of  the  City  of  London  (from  Henry  I.)    .    .    .  127 

57.  The  Investiture  Controversy 128 


CHAPTER  VIII  —  THE  EARLY  ANGEVINS 

58.  Henry  II.   and  Thomas   a   Becket  at  the   Council   of 

Woodstock 130 

59.  The  Council  Of  Westminster 131 

60.  The  Constitutions  of  Clarendon 133 

61.  The  King's  Rash  Words  and  Becket's  Death     ....  137 

62.  The  Assize  of  Clarendon 138 

63.  Constitution  of  the  King's  Household 141 

64.  The  First  Coronation  of  Richard  1 147 

65.  Levying  a  Feudal  Aid 149 


.PART  IV 

FROM  THE  CHARTER  TO  THE  REFORMATION 

(1215  to  1529) 
CHAPTER  IX  —  THE  PAPAL  AUTHORITY  TRIUMPHANT 

66.  The  Struggle  between  John  and  Innocent  III 155 

67.  England  under  the  Interdict 156 

68.  John  Excommunicated  by  Name 157 

69.  The  Pope  deposes  the  King 158 

70.  -The  Papal  Legate  in  England 159 

71.  The  Repentance  of  the  King 160 

72.  John  resigns  Crown  and  Kingdom  to  the  Pope  ....  160 

73.  John  does  Homage  to  the  Pope 162 

74.  Declaration  of  Laws  and  Rights 164 

CHAPTER  X  —  THE  WINNING  OF  THE  CHARTER 

75.  Rising  of  the  Barons 165 

76.  Conference  held  by  the  Barons 165 

77.  Demands  -of'  the  Barons 166 


CONTENTS 


78.  London  given  up  to  the  Barons 168 

79.  Meeting  at  Runnymedc 168 

80.  The  Magna  Charta 169 

CHAPTER  XI  —  THE  GROWTH  OF  LAW 

81.  Summonses  to  Parliament 181 

82.  Confirmation  of  the  Charters 184 

83.  Ecclesiastical    Sanction    of    the    Confirmation    of    the 

Charters 186 

84.  De  Tallagio  Non  Concedendo 186 

85.  Law  of  Mortmain 187 

86.  Freedom   of    Parliament 189 

87.  Taxation  of  Religious  Houses 189 

88.  The  Statute  of  "  Quia  Emptores  " 193 

89.  Coronation  Oath  of  Edward  II 195 

90.  A  Statute  of  Provisors  (1352) 195 

91.  First  Statute  of  Treasons 196 

92.  Second  Statute  of  Provisors 198 

93.  Great  Statute  of  Praemunire 199 

CHAPTER  XII  —  THE  BLACK  DEATH 

94.  Spread  of  the  Plague 203 

95  Statute  of   Labourers 206 

CHAPTER  XIII —  LOLLARDY 

96.  Wycliffite  Conclusions 209 

97.  Bull  of  Pope  Gregory  XI.  against  Wycliffe 211 

98.  Reply  of  Wycliffe  to  a  Summons  from  the  Pope  .    .    .  212 

99.  De  Haeretico  Comburendo 214 

100.  Henry  V.  to  the  Mayor  and  Sheriffs  of  London     .     .     .  217 

101.  Henry  V.  to  the  Sheriff  of  Kent 219 

102.  Henry  VI.  to  the  Abbot  of  St.  Edmondsbury     ....  220 

103.  Mandate  for  the  Burning  of  a  Heretic 222 


PART  V 

THE  TUDOR  PERIOD 

(1485  to  1603) 

CHAPTER  XIV  —  THE  DIVORCE  QUESTION 

104.  Henry  Attempts  to  secure  the  Aid  of  the  Church     .     .     227 

105.  Speeches  at  the  Trial 229 


CONTENTS  xiii 

SECTION  PAGE 

106.  Divorce  Proceedings  announced  to  the  House  of  Com- 

mons        231 

CHAPTER  XV  —  HENRY  VIII  AND  THE  CHURCH 

107.  Payment  of  Annates  to  the  Pope  Forbidden 234 

108.  Appeals  to  Rome  Prohibited 236 

109.  Henry's  Attitude  toward  Heretics 237 

no.  Submission  of  the  Clergy 239 

in.  Act  of  Supremacy 243 

1 12.  Denial  of  the  Authority  of  the  Pope 244 

113.  Dissolution  of  the  Monasteries 244 

114.  Confession  made  with  the  Surrender  of  a  Monastery    .  247 
115^  Directions  for  Visitations  of  Monasteries 247 

116.  Letters  concerning  the  Suppression  of  the  Monasteries  .  256 

117.  Summons  to  the  Pilgrimage  of  Grace 263 

118.  Lancaster  Herald's  Mission  to  the  Insurgents  ....  263 

119.  The  Six  Articles 267 

120.  The  Bible  in  the  English  Churches 269 

121.  Church  Services  to  be  in  English 271 

CHAPTER  XVI  —  THE  REIGN  OF  EDWARD  VI 

122.  Regulations  concerning  the  Sacrament  of  the  Lord's 

Supper 273 

123.  Act  of  Uniformity 274 

124.  Against  Books  and  Images 277 

125.  Journal  of  Edward  VI 279 

CHAPTER.  XVII  —  THE  REACTION   AGAINST   PROTESTANTISM 

126.  Lady  Jane  Grey's  Claim  to  the  Throne 281 

127.  Execution  of  Lady  Jane  Grey 285 

128.  Mary's  Claim  to  the  Throne 286 

I28a  Reply  of  the  Council 287 

129.  Mary's  Status  as  Queen 289 

130.  Mary  attempts  to  restore  Church  Lands 291 

131.  Mary's  Orders  for  the  Execution  of  John  Hooper    .    .  292 

132.  The  Burning  of  Ridley  and  Latimer 293 

CHAPTER  XVIII  —  ELIZABETH 

133.  Classes  of  the  People  in  the  XVIth  Century    ....  298 


xiv  CONTENTS 


134.  The  Anglican   Standpoint 300 

135.  The   Presbyterian    Position 302 

136.  Whitgift's  Articles  touching   Preachers  and  other  Or- 

ders   for   the    Church 304 

137.  Puritan    Demands 305 

138.  Privileges  of  Parliament 306 

139.  Elizabeth   and    Mary    Stuart 307 

140.  Defeat  of  the  Spanish  Armada 309 

141.  Armada   Speech   of    Elizabeth 310 

142.  Executiori  of  Margaret  Clitherow 312 

143.  Death   of   Elizabeth 313 

CHAITER  XIX  —  ELIZABETHAN  SEAMEN 

144.  Hawkins'   Third   Voyage 316 

145.  Drake's  Famous  Voyage 319 

146.  Frobishef's   First   Voyage 325 

147.  The    Beginnings   of   American   Colonization     ....  327 


PART  VI 

THE    STRUGGLE    FOR    CONSTITUTIONAL    GOVERN- 
MENT 

(1603  to  1688) 

CHAPTER  XX  —  THE  REIGN  OF  JAMES  I. 

148.  Coronation  Oath  of  James  1 335 

149.  Grown    abave.  the  .Courts 336 

150.  King  is  above  the  Law 337 

151.  Millenary    Petition 338 

152.  Levying  a   Feudal   Aid 341 

153.  Berrevolences 342 

154.  James-  I:  and-  the   Commons 344 

.    CILAPTER  XXI  —  THE  PURITAN  REVOLUTION 

155.  The    Petition    of    Right 348 

156.  First  Writ  of  Ship-Money 352 

157.  Ship-Money  declared   Illegal 355 

158.  Charles  I.  and  Strafford 357 

1583  Charles    I.    to   the    House   of   Lords   in   behalf   of  the 

Earl  of  Strafford 358 

I58b  Parliament  considers  King's  Letter 359 

159.  A  Summary  of  Grievances 360 


160.  The.  Charge  against  the  King 364 

161.  Charles  refuses  to   Plead 366 

162.  The  Sentence  of  the  King 368 

163.  The  Death  Warrant  of  Charles  1 372 

CHAPTER  XXII  —  ENGLAND  A  COMMONWEALTH 

164.  Act  abolishing  the  Office  of  King 373 

165.  House  of  Lords  Abolished 376 

166.  England  declared  to  be  a  Commonwealth 376 

167.  Instrument  of  Government 377 

168.  Cromwell  disciplines  his  first  Parliament 387 

169.  Cromwell   and  the   Kingship 389 

170.  Richard  Cromwell  becomes  Lord  Protector    ....  392 

.CHAPTER  XXIII  —  THE  RESTORATION 

171.  Declaration  oi   Breda 394 

172.  Reception  of  the  Declaration  of  Breda  by  Parliament  .  396 

173.  Commons  thank  Sir  John  Grenville 397 

174.  Resolutions  of  Parliament  urging  the  King  to  Return  .  398 

175.  Beginning  of  Cabinet  Government 398 

176.  Opinion  of  French  Court  concerning  Members  of  Cabal  398 

177.  Habeas   Corpus   Act 400 

178.  James  ll.  and  the  Catholics 409 

179.  The  Last  Appeal     .'..'.. 412 


PART  vn 
ENGLAND  A  CONSTITUTIONAL  MONARCHY 

CHAPTER  XXIV  —  "  THE  GLORIOUS  REVOLUTION  " 

180.  Memorial  from  the  Church  of  England  to  the  Prince 

of    Orange 417 

181.  The  Prince  of  Orange  reorganizes  the  Government    .  418 

182.  The  Lords  invite  William  to  undertake  the  Government  419 

183.  The  Manner  of  Summoning  Parliament 419 

184.  Answer  of  the  Prince  to  the  Suggestions  of  the  Lords  420 

185.  William  of  Orange  to  the  Commons 421 

186.  The  Commons  answer  the  Prince 421 

187.  The  Prince's  Address  to  Parliament 422 

188.  The  Parliamentary  Title  of  the  Sovereign  of  England  423 

189.  The   Bill   of   Rights 424 

190.  Act    of    Settlement 431 


xvi  CONTENTS 

SECTION  PACK 

191.  Jesuits  in  England  under  William 436 

192.  Dissenters    in    the    Eighteenth    Century 438 

CHAPTER  XXV  —  UNION  BETWEEN  ENGLAND  AND  SCOTLAND 

'93-  Queen  Anne's  Speeches  on  Union  of  England  and  Scot- 
land         443 

194.  Union  between   England  and   Scotland 445 

CHAPTER  XXVI  —  THE  JACOBITE  REBELLIONS 

195.  The    Proclamation   of  James    III 456 

196.  Landing  of  the  Young  Pretender 458 

197.  Escape  of  Prince  Charles  at  Moy  Hall 460 

198.  After    Cullbden 462 

199.  Bond  given  by  the  Young  Pretender 464 

200.  Execution   of  the   Rebel   Lords 464 

CHAPTER  XXVII  —  JOHN  WILKES 

201.  No.  45  of  the  "  North  Briton  " 467 

CHAPTER  XXVIII  —  AMERICAN  INDEPENDENCE 

202.  Question  of  Taxation 474 

203.  Policy  of  Conciliation 475 

204.  Right  to  Tax    . 477 

205.  Character  of  the   Colonists 480 

CHAPTER  XXIX  —  UNION  OF  GREAT  BRITAIN  AND  IRELAND 

206.  The    Union    Advocated 483 

207.  Grattan  Opposes  the  Union 485 

208.  Act  of  Union  between  Great  Britain  and  Ireland  .     .     .  487 


PART  VIII 
THE  NINETEENTH  CENTURY 

CHAPTER  XXX  —  EMANCIPATION 

209.  "  No-Popery  "    Riots 497 

210.  Speech  of  King  George  on  Catholic  Emancipation     .     .     500 

211.  Speech   of   the   Attorney   General   against   the   Catholic 

Emancipation    Bill 501 

212.  Speech  of  Lord  Plunkett  for  the  Emancipation  Bill     .     504 


CONTENTS 


213.  The  Duke  of  Wellington  on  Emancipation 511 

214.  End  of  Jewish  Disability 509 

215.  Oaths  Act 510 

216.  Jewish  Relief  Act 513 

217.  End  of  the  Slave  Trade 515 

CHAPTER  XXXI  —  PARLIAMENTARY  REFORM 

218.  Speech  on  the  First  Reform  Bill 519 

219.  Prorogation  of  the  Anti-Reform  Parliament    ....  523 

220.  Passage  of  the  First  Reform  Bill 527 

CHAPTER  XXXII  —  CHARTISM  AND  CORN  LAW  REPEAL 

221.  First  National   Petition 531 

222.  Presentation  of  the  National  Petition 537 

223.  Suffering  of  the  "  Lower  Classes  " 537 

224.  Repeal  of  the  Corn  Law 539 

CHAPTER  XXXIII  —  AUSTRALIA 

225.  Establishment  of  the  Colony 542 

226.  First  Penal  Settlement 545 

227.  Discovery  of  Gold 549 

228.  Result  of  the  Finding  of  Gold 551 

CHAPTER  XXXIV  —  THE  INDIAN  EMPIRE 

229.  English  at  Surat  and  Bombay 554 

230.  Letter  of  Warren  Hastings 557 

231.  Cession  of  India  to  the  English  Crown 562 

232.  Victoria,  Empress  of  India 565 

CHAPTER  XXXV  —  ENGLAND  AND  THE  TRANSVAAL 

233.  Sand  River  Convention 583 

234.  Convention  of  Pretoria 571 

235.  Convention  of  London 580 

BIBLIOGRAPHICAL  INDEX 587 

SUBJECT  INDEX 603 


PART  I 

BIBLIOGRAPHY  OF  SOURCES 


CHAPTER  I 

HISTORIANS,   CATALOGUES,   AND   COLLECTIONS 

SECTION  1.  — THE   HISTORIANS 

The  student  of  history  should  be  able  to  recall  without 
effort  the  names  of  the  principal  historians  of  his  chosen 
field.  With  the  names  should  be  associated  in  his  memory 
the  important  works  of  those  historians,  and  of  these  works 
the  scope  and  value  should  be  known.  As  study  becomes 
more  intensive  and  the  field  of  research  narrower  or  more 
thoroughly  explored,  his  bibliography  of  the  subject  should 
attain  a  comprehensiveness  that  includes  all  available 
material. 

Bibliographies  are  too  often  mere  collections  of  names, 
series  of  titles  which  form  a  catalogue  whose  value  varies 
with  the  knowledge  possessed  as  to  each  item.  Such  in- 
sufficiency of  equipment  more  often  results  from  lack  of  a 
true  conception  on  the  part  of  the  student  of  his  needs  than 
from  unwillingness  to  gain  the  requisite  knowledge. 

The  most  extended  and  minute  knowledge  of  authors  and 
their  works  is  incomplete  —  is,  we  may  say,  of  little  worth 
—  unless  it  includes  a  valuation  of  the  items  of  evidence 
which  bibliography  furnishes.  This  appraisement  must  be 
the  work  of  the  student  himself,  and  by  his  success  must  be 
measured  his  understanding  of  history.  To  acquire  the 
power  of  correctly  gauging  the  weight  of  this  or  that  his- 
torian is  by  no  means  easy;  but  it  is  not  impossible.  The 
work  of  critics  and  essayists  will  give  views  worthy  of  most 
respectful  consideration;  but  such  work  is  too  often  special 
pleading,  and  in  the  last  instance  the  student  must,  as  did 
the  critic,  investigate  for  himself  the  personality,  the  environ- 
ment, and  the  opportunities  of  the  writer  whose  work  is 
under  examination.  Until  a  knowledge  of  these  is  gained, 
even  a  study  of  original  materials  fails  t6  reveal  the  mean- 
ing and  purport  of  history, 

3 


4  SOURCE-BOOK  OF  ENGLISH  HISTORY 

I 

BOSTON",  JOHN  (b. :  d.  1410)  :  Catalogtis  Scriptorum 

Ecclcsicc. 

Valuable  for  its  account  of  the  libraries  of  England  in  the 
fourteenth  century.  Of  slight  worth  in  accounts  of  individual 
authors.  The  Catalogus  has  been  reprinted  in  part  in  No. 
VII.  Boston  is  the  first  of  the  English  Bibliographers. 

II 

LELAXD,  JOHN  (b.  1506;  d.  1552)  :  DC  Rebus  Britannicis 
Collectanea,  ed.  T.  Henrne.  Oxford,  1715.  Reprinted 
London,  17/0.  —  Commcntarii  dc  Scriptoribus  Britannicis, 
ed.  A.  Hall.  Oxford,  1709. —  (A  continuation  of  De  Re- 
bus, etc.) 

Leland  has  been  called  "the  Father  of  English  Antiqua- 
ries." He  was  the  librarian  of  Henry  VIII.,  and  as  "King's 
antiquary"  was  commissioned  to  search  for  records  and 
manuscripts  in  all  cathedrals,  colleges,  abbeys  and  priors 
of  England.  He  was  successful  in  his  search,  and  his 
works,  of  which  the  two  principal  ones  are  noted  above,  are 
of  great  value.  Although  Boston  (No.  I)  antedates  Leland, 
yet  the  latter's  work  was  the  first  important  English  con- 
tribution to  bibliographical  knowledge  and  was  the  foun- 
dation for  future  publications  of  similar  character. 

Ill 

BALE,  JOHN  (b.  1495;  d.  1563):  Illustriitm  Majoris  Bri- 
tannia: Scriptorum,  hoc  cst,  Anglicc,  Cambria:  ac  Scotia", 
Summarium.  First  published  Ipswich,  1549.  Then  in 
several  editions  at  London.  Notably  the  first  ed.  1559, 
under  title  Illustrium  Majoris  Britannia:  Scriptorum  Cata- 
logus,  a  Japhcto  sanctissimi  Noah  filio  ad  An.  Dom.  1559. 

Bale  was  educated  in  the  Catholic  faith.  He  became  a 
Protestant  and  a  most  zealous  partisan.  His  life  was  a 
stormy  one,  and  his  writings  reflect  the  bitterness  engendered 
by  the  religious  controversies  in  which  he  was  actively  en- 
gaged. Despite  his  bias  and  bitterness  against  all  writers 
not  of  his  faith,  his  work  is  yet  of  great  value  because  of 
the  minuteness  with  which  it  describes  Protestant  writers 
not  elsewhere  mentioned. 

IV 

PITS,  JOHN  (b.  1560;  d.  1616)  :  Relationum  Historicarum 
de  Rebus  Anglicis,  Tomus  primus.  Paris  1619.  This  work 
is  also  known  as  De  Illustribits  Anglic?  Scriptoribus.  This 
is  the  fourth  volume  of  Pits'  work.  The  first  three  vol- 
umes have  never  been  published.  The  manuscript  is  at 
Verdun,  in  the  library  of  the  collegiate  church. 


HISTORIANS,  CATALOGUES,  COLLECTIONS    5 

Pits  was  a  violent  Catholic  partisan.  His  work  furnishes 
the  antithesis  to  that  of  Bale  (No.  III.)  It  is  marred  by  the 
same  suppressions,  exaggerations  and  misrepresentations  in 
favour  of  the  Catholics  as  occur  in  the  work  of  Bale  in 
behalf  of  the  Protestants.  But  the  book  is  of  value  for  its 
careful  and  comprehensive  accounts  of  Catholic  writers  and 
their  works. 

V 

CAVE,  WILLIAM  (b.  1637;  d.  1713):  Scriptorum  EC- 
clesiasticorum  Historic,  Litteraria  a  Christo  nato  usque 
ad  Saculum  XIV,  First  published  1688.  The  best  edition 
is  that  of  the  Clarendon  Press,  1740-1743.  This  contains 
many  additions  by  Cave  and  a  continuation  by  Wharton 
and  Grey  bringing  the  work  down  to  1517. 

The  work  is  in  the  main  trustworthy.  (See  contra,  Le- 
clerc,  in  Bibliotheque  universelle.)  Cave  was  careful,  ac- 
curate, and  able  to  avail  himself  of  existing  sources.  The 
volume  is  of  especial  value  in  its  field  of  Church  History. 

VI 

WARE,  SIR  JAMES  (b.  1594;  d.  1666):  De  Scriptoribus 
Hibernia.  1639. 

The  first  of  the  great  bibliographies  of  Irish  History.  It 
is  fair,  but  limited  in  scope  and  lacking  in  detail.  Superseded 
by  No.  VII. 

VII 

TANNER,  THOMAS  (b.  1674;  d.  1735):  Bibliotheca  Bri- 
tannico-Hibernica.  London,  1748,  ed.  D.  Wilkins. 

"On  all  questions  connected  with  the  early  literature  of 
our  nation,  Tanner's  Bibliotheca,  notwithstanding  its  many 
omissions,  defects  and  redundancies,  is  still  the  highest  au- 
thority to  which  the  inquirer  can  refer."  See  Hardy  in  No. 
VIII.  The  Bibliotheca  is  based  on  original  research,  and  yet 
due  regard  was  paid  to  the  work  of  Leland,  Bale  and  Pits. 

For  details  regarding  later  historians  consult  Allibone,  S. 
A.,  Critical  Dictionary  of  English  Literature,  with  supple- 
ment by  J.  F.  Kirk ;  Lee's  Dictionary  of  National  Biography, 
and  other  cyclopaedic  works. 


SECTION  2.  — CATALOGUES   OF   SOURCES 

Catalogues  of  Sources  are  indispensable  to  the  student. 
Their  uses  are  varied.  The  student  who  is  acquainted  with 
the  name  of  an  author  or  editor  turns  to  the  catalogues  for 


6  SOURCE-BOOK  OF  ENGLISH  HISTORY 

an  enumeration  of  his  works,  their  contents,  and  a  synopsis 
of  particulars  regarding  editions,  times  and  places  of  publi- 
cation, and  reviews,  comments,  and  criticisms;  or  the  name 
of  the  work  is  taken  as  a  basis  of  research  and  the  same 
results  are  obtained.  Again,  the  investigator  may  desire 
to  obtain  an  estimate  of  the  critical  value  of  a  work,  in  a  con- 
densed form  and  apart  from  the  point  of  view  of  essays  and 
reviews.  Lastly,  the  student  may  desire  to  gain  a  knowledge 
of  the  literature  upon  a  given  subject,  and  this  is  to  be  found 
in  the  catalogues.  I  have  below  given  references  to  the  most 
useful  works  in  this  field ;  but  the  student  should  supplement 
these  and  keep  abreast  of  current  literature  by  reference  to 
the  Annual  Annotated  Bibliography  of  English  History, 
edited  by  W.  D.  Johnston.  This  has  been  published  in  both 
card  and  pamphlet  form  by  the  American  Library  Associa- 
tion. It  will  henceforth  be  found  in  the  Annual  Report  of 
the  American  Historical  Association.  Knowledge  of  the 
valuable  contributions  upon  present  historical  questions  may 
be  obtained  by  reference  to  Poole  and  Fletcher's  Index  to 
Periodical  Literature,  and  also  to  the  Cumulative  Index. 

The  student,  however,  must  not  rest  content  with  these 
sources  of  information.  They  will  serve  for  the  preparation 
of  the  skeleton  bibliography,  the  construction  of  which  should 
always  precede  serious  historical  investigation;  but  this 
framework  must  be  clothed  from  the  references  to  be  found 
in  footnotes  and  bibliographical  lists  attached  to  works  upon 
his  chosen  field.  Information  thus  obtained  is  more  directly 
referred  to  its  proper  place,  and  assigned  its  exact  value  and 
application,  than  is  possible  in  any  general  catalogue. 

VIII 

HARDY,  THOMAS  DUFFUS:  A  Descriptive  Catalogue 
of  Manuscripts  relating  to  the  History  of  Great  Britain 
and  Ireland.  Published  1862-1891  in  the  Rolls  Series 

(No.  XXXI)  in  3  volumes.  Vol.  I  (2  pts.), 1066; 

Vol.  II,  1066-1200;  Vol.  Ill,  1200-1327.  Vol.  I,  pt.  2,  con- 
tains a  catalogue  of  printed  source  material  up  to  date  of 
publication. 

This  catalogue  is  of  the  greatest  value.  It  furnishes  in 
concise  form  a  mass  of  indispensable  data.  It  is,  and  must 
for  years  'remain,  the  basis  of  bibliographical  study  in  early 
English,  history.  A  supplement  to  Vol.  I,  Part  2,  is  needed, 
.  .  but  the  student  jean  without  difficulty  supply  the  break  from 
1862  to  this  present  date. 


HISTORIANS,  CATALOGUES,  COLLECTIONS         7 

IX 

WATT'S  BIBLIOTHECA  BRITANNICA:  A  General  In- 
dex to  British  and  Foreign  Literature,  ed.  R.  Watt.  Edin- 
burgh, 1824. 

This  catalogue  is  a  mine  of  information.  It  is  indexed 
by  authors  and  subjects. 

X 

LOWNDES,  WILLIAM  THOMAS  (b.  1800;  d.  1843): 
The  Bibliographer's  Manual  of  English  Literature,  ed.  H. 
G.  Bohn.  London,  1864. 

This  series  (n  vols.  I2mo)  is  of  great  value.  Its  scope 
is  indicated  by  the  sub-title:  "An  Account  of  rare,  curious, 
and  useful  books,  published  in  or  relating  to  Great  Britain 
and  Ireland,  from  the  invention  of  printing;  with  biograph- 
ical and  critical  notices,  collations  of  the  rarer  articles  and 
the  prices  at  which  they  have  been  sold  in  the  present  cen- 
tury." The  appendix  volume  is  especially  useful ;  it  contains 
"An  Account  of  books  issued  by  literary  and  scientific  so- 
cieties and  printing  clubs ;  books  printed  at  private  presses ; 
privately  printed  series;  and  the  principal  literary  and  scien- 
tific serials." 

XI 

THE  ENGLISH  CATALOGUE  of  Books  published  from 
1835  to  January  1863.  Comprising  the  Contents  of  the 
London  and  the  British  Catalogues,  etc.,  etc.  London, 
1864. 

This  series  has  been  continued  to  date.  Although  it  leaves 
much  to  be  desired,  it  is  invaluable.  Its  appendix  continues 
the  work  of  Lowndes  (No.  X)  in  cataloguing  publications 
of  learned  societies.  It  thus  bridges  the  gap  between 
Lowndes  and  the  Official  Year  Book  of  the  Scientific  and 
Learned  Societies,  which  was  begun  in  1884.  The  scope  of 
this  series  is  shown  by  the  sub-title  of  its  continuations : 
"An  Alphabetical  List  of  Works  published  in  the  United 
Kingdom  and  of  the  Principal  Works  published  in  America. 
With  dates  of  Publication,  Indications  of  Size,  Price,  Edi- 
tions and  Publishers'  names."  For  earlier  record  of  printed 
books  see  the  catalogues  -of  Maunsell  (1595)  A  Catalogue 
of  certaine  books  (1631),  London  (1658),  Clavell  (1666- 
1695),  Bent's  General  Catalogue  (1786),  London  Catalogue 
(1811-1855)  continued  by  No.  XI.  See  also  The  American 
Catalogue. 

XII 

GROSS,  CHARLES:  Bibliography  of  British  Municipal 
History,  including  Gilds  and  Parliamentary  Representa- 
tion. Published  in  Harvard  Historical  Studies,  1897. 


8  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Sources  and  Literature   of  English   History   from   the 
Earliest  Times  to  about  1485.    New  York,  1900. 

The  most  modern,   the   most   illuminating,   and   withal   the 
most  satisfactory  works  within  their  chosen  fields. 

In  addition  to  the  class  of  works  included  above,  there  are 
a  number  of  most  helpful  volumes  upon  modern  historians. 
These  do  not  pretend  to  be  as  scientific  in  treatment  or  as 
inclusive  in  scope  as  those  numbered  from  I  to  XII  and  yet 
should  be  within  access  of  students.  Among  them  I  would 
enumerate : 


XIII 

ADAMS,  C.  K. :  Manual  of  Historical  Literature.  New 
York,  1888. 

This  work  comprises  "brief  descriptions  of  the  most  im- 
portant histories."  It  is  a  helpful  work,  and  from  it  may 
be  obtained  impartial  and  accurate  estimates  of  historical 
values. 

The  Manual  was  first  published  in  1882.  No  thorough  re- 
vision has  been  made.  The  revision  of  1888  was  not  a  com- 
plete one.  A  new  edition  of  this  valuable  book  is  needed. 

XIV 

SONNENSCHEIN,  W.  S.:  Best  Books.  A  Reader's  Guide 
to  the  choice  of  the  Best  Available  Books  in  every  depart- 
ment of  Science,  Art,  and  Literature  (about  50,000  titles) 
doum  to  1800,  with  prices  and  numerous  notes.  London, 
1889.  Also,  by  same  editor,  A  Reader's  Guide  to  Con- 
temporary Literature  being  the  first  supplement  to  Best 
Books.  London,  1894. 

These  volumes  are  of  the  greatest  value.  They  are  not 
only  useful  for  historical  purposes,  but  furnish  a  wealth  of 
bibliographical  information  upon  the  multitude  of  questions 
arising  in  the  study  of  history.  Such  knowledge  is  in- 
dispensable to  the  thorough  student.  The  student  should 
know  Brunet,  J.  C. :  Manuel  du  Librairc,  Paris;  also  Ebert, 
F.  A.:  Allgcmcines  bibliographischcs  Lexikon,  Leipzig. 
1821-30. 

The  student  will  find  much  biographical  information  in 
a  book  whose  title  would  seem  to  limit  it  to  a  particular 
library,  but  whose  application  is  not  so  confined.  It  is 
Hand-list  of  Bibliographies,  classified  Catalogues  and  In- 
dexes placed  in  the  Reading  Room  of  the  British  Museum 
for  Reference.  See  also  Richard  Sims'  Hand-Book  to  the 
library  of  the  British  Museum. 


HISTORIANS,  CATALOGUES,  COLLECTIONS 


SECTION  3 — GREAT  COLLECTIONS  OF  MATERIALS 

The  manuscript  sources  of  English  history  for  the  periods 
after  the  Norman  Conquest  are  abundant  and  valuable. 
Through  the  labours  of  scores  of  scholars,  working,  not  for 
gain,  but  for  the  advancement  of  historical  science,  the 
student  has  at  his  disposal  critical  editions  of  a  large  part  of 
the  most  important  sources.  These  texts  have  been  prepared 
with  an  erudition  and  exhaustiveness  that  is  unsurpassed, 
perhaps  unequalled,  in  like  critical  work.  The  texts  have  in 
many  cases  been  issued  in  collections  and  series,  and  it  is  my 
purpose  in  this  section  to  give  a  general  statement  of  the 
characters  of  the  most  important,  and  to  indicate  where,  de- 
tailed information  concerning  them  can  be  found.  The 
edited  texts  and  single  translations  are  enumerated  in  sec- 
tions 4  to  10  inclusive.  Certain  students  may  shrink  from 
an  examination  of  untranslated  sources;  and  I  think  it  in 
place  to  encourage  them  by  the  statement  that  the  most  ele- 
mentary knowledge  of  Latin  can  —  because  of  the  simplicity 
of  style,  the  limitations  of  vocabulary,  and  the  copious  notes 
and  special  glossaries  of  the  edited  texts  —  easily  master  the 
materials  which  are  not  in  English. 

XV 

ABBOTSFORD  CLUB  PUBLICATIONS. 

This  club  was  instituted  at  Edinburgh,  1835.  Its  purpose 
is  the  publication  of  miscellaneous  works,  illustrative  of 
history,  literature  and  antiquities.  Its  field  of  work  is  Scot- 
land. For  list  of  publications,  see  Nos.  VIII  and  X  and  so- 
cieties' catalogues.  These  latter  should  be  consulted  in  look- 
ing up  every  reference  herein  given  to  publications  of  learned 
societies;  also  No.  XI  (appendix)  and  the  Official  Year 
Book  for  work  of  existing  societies. 

XVI 

ACTA  SANCTORUM:  quotquot  toto  orbe  coluntur,  vel  a 
catholicis  scriptoribus  celebrantur,  ex  Latinis  et  Greeds; 
aliarumque  gentium  antiquis  monumentis  collecta,  digesta, 
notisque  illustrata  ab  J.  Bollando  et  al.  Antwerp,  1643- 
1794- 

This  gigantic  work  is  a  mine  of  information  upon  the 
lives  of  the  saints,  but  it  is  chiefly  valuable  to  the  secular 
historian  for  the  light  thrown  upon  the  times  of  the  charac- 
ters described.  For  catalogue  of  British  saints  discussed  in 
No.  XVI,  see  No.  VIII  under  title  Ada  Sanctorum. 


io  SOURCE-BOOK  OF  ENGLISH  HISTORY 

XVII 

.ELFRIC  SOCIETY  PUBLICATIONS. 

This  society  was  instituted  in  London,  1843,  for  the  pur- 
pose of  publishing  Anglo-Saxon  and  other  literary  monu- 
ments, both  civil  and  ecclesiastical,  tending  to  illustrate  the 
early  state  of  England.  See  Nos.  VIII  and  X. 

XVIII 

ANGLIA  SACRA:  sire  collcctio  Historiarum,  partim  anti- 
quitns,  partim  rcccntcr  scriptarum,  de  Archiepiscopis  ct 
Episcopis  Anglicr,  a  prima  Fidci  Christiana;  susccptionc 
ad  annum  MDXL,  ed.  H.  Wharton.  London,  1691. 

For  the  contents  of  this  set,  whose  scope  is  explained  by 
its  title,  see  No.  VIII. 

XIX 

ARCFLEOLOGIA.  Published  by  the  Society  of  Anti- 
quaries. 

The  society  probably  developed  from  a  society  which  was 
founded  in  1572.  Its  publications  are  valuable  and  chiefly 
relate  to  the  early  and  middle  period  of  English  history. 
The  catalogue  of  this  series  will  be  found  in  No.  VIII.  This 
series  must  not  be  confounded  with  the  publications  of 
the  scores  of  Archaeological  Societies  that  exist  in  Great 
Britain.  Many  of  these  series  are  of  great  value.  See  No.  X. 

XX 

BALUZE,  S. :  Miscellanea,  novo  ordine  digesta  ct  non  pau- 
cis  incditis  monumentis  opportiinisqtie  animadversionibns 
aiicta,  opera  ac  studio  Joannis  Dominici  Mansi,  Lncensis. 
Lucae,  1761. 

Contains  various  documents  not  elsewhere  so  readily  ac- 
cessible. Has  been  superseded  by  later  works  for  which  see 
No.  VIII. 

XXI 

BANNATYNE   CLUB   PUBLICATIONS. 

This  club  was  organized  at  Edinburgh,  1823,  with  the 
object  of  printing  rare  works  illustrative  of  Scottish  history, 
topography,  etc.  Club  was  dissolved,  1861.  Its  publications 
are  of  value.  For  catalogue,  see  Nos.  VIII  and  X. 

XXII 

BOUQUET:  Recueil  des  Historiens  des  Gaules  et  de  la 
France,  ed.  M.  Bouquet.  Paris,  1738-1855. 


HISTORIANS,  CATALOGUES,  COLLECTIONS        11 

The  record  of  early  Gaul  and  France  and  England  as 
traced  by  contemporary  and  early  historians.  Valuable  for 
texts  of  chronicles  and  histories  by  English  and  Norman 
authors.  For  contents  relating  to  England,  see  No.  VIII. 
This  series  is  sometimes  cited  as  Rerum  Gallicarum  et  Fran- 
cicarum  Scriptores. 

XXIII 

BRITISH  RECORD  SOCIETY  PUBLICATIONS. 

This  society  was  founded,  in  1898,  for  the  purpose  of  fur- 
nishing such  information  as  well  as  rendering  the  records 
more  accessible.  Publications  of  value.  See  note  to  No.  XV. 

XXIV 

CALENDARS  OF  STATE  PAPERS. 

The  State  Papers  spring  from  three  great  and  original 
sources ;  namely,  the  offices  of  the  Secretaries  of  State  for 
the  Foreign,  the  Colonial,  and  the  Home  Departments.  In 
the  State  Paper  office  they  are  classified  under  their  several 
denominations,  those  emanating  from  the  Home  Depart- 
ment being  technically  called  the  Domestic  Papers.  The 
multitude  of  State  Papers  presents  a  vast  field  of  valuable 
material.  The  student,  to  whom  the  papers  were  accessible, 
would  without  a  guide  be  lost  in  their  mazes.  Such  a 
guide  is  to  be  found  in  the  valuable  Calendars  of  State  Pa- 
pers. These  catalogue  the  documents  and  abstract  their  con- 
tents with  a  completeness  that  relieves  the  ordinary  student 
from  the  task  of  examining  the  manuscripts  themselves.  The 
calendars  commence  with  the  reign  of  Henry  VIII.  They 
extend,  though  in  broken  sequence,  to  the  close  of  the 
eighteenth  century. 

XXV 

CAMDEN:  Anglica,  Hibernica,  Normannica,   Cambrica,  a 
veteribus  scripta,  etc.  etc.,  ed.  W.  Camden.     1602. 

This  set,  as  also  No.  XVIII,  has  been  in  part  superseded 
by  No.  XXXI ;  but  it  is  still  of  great  value  to  those  to  whom 
No.  XXXI  is  not  accessible.  For  contents  of  No.  XIX, 
see  No.  VIII. 

XXVI 

CAMDEN   SOCIETY  PUBLICATIONS. 

This  society  was  instituted  in  London,  1838,  for  the  pur- 
pose of  perpetuating  and  rendering  accessible  "whatever  is 
valuable,  but  at  present  little  known,  amongst  the  materials 
for  the  civil,  ecclesiastical  or  literary  history  of  the  United 
Kingdom."  The  work  of  this  society  is  of  great  value.  Its 
scope  has,  since  the  projection  of  the  Rolls  Series  (No. 


12  SOURCE-BOOK  Ol>'  ENGLISH  HISTORY 

XXXI),  been  devoted  to  the  materials  of  the  i6th,  i/th  and 
i8th  centuries.  Its  publications  contain  a  mass  of  informa- 
tion not  elsewhere  accessible.  See  lists  of  the  society's  publi- 
cations and  Descriptive  Catalogue  of  the  First  series  (1838 
to  1870)  ed.  J.  G.  Nichols,  Nos.  VIII  and  X.  Do  not 
catalogue  the  series  beyond  1862-64.  See  XIV,  Supplement, 
and  Official  Year  Book.  Also  No.  XL 

XXVII 

CANISIUS:  Thesaurus  Monnmcntornm  Ecclcsiasticorum  ct 
Historiconim,  siz'c  Hcnrici  Canisii  Lcctioncs  Antiqufc,  ad 
Sfcculorum  Ordincm  digests,  variisquc  opusculis  auctcc, 
quibus  Prccfationcs  Historicas,  Animadvcrsioncs  criticas, 
ct  Notas  in  singiilos  auctorcs,  adjccit  Jacobus  Basnagc; 
cum  Indicibus  locuplctissimis.  Antucrpicc,  apud  Rudol- 
phum  ct  Gcrhardum  Wctstcnios.  1725. 

This  work  in  the  above,  or  in  the  Ingoldstat  edition  of 
1601-1604,  's  of  value  where  more  modern  texts  are  inacces- 
sible ;  it  has,  however,  been  superseded  by  them.  For  con- 
tents, see  No.  VIII. 

XXVIII 

CAXTON   SOCIETY  PUBLICATIONS. 

This  society  was  instituted  in  London,  1845,  for  the  pur- 
pose of  publishing  the  chronicles  and  literature  of  the 
Middle  Ages.  Its  publications  have  not  equaled  those  of  No. 
XXIII  in  critical  value,  but  they  are  useful  and  in  the  main 
accurate.  For  contents,  see  No.  VIII  and  note  to  No.  XV. 

XXIX 

CHETHAM  SOCIETY  PUBLICATIONS 

This  society  was  instituted  at  Manchester,  1843,  for  the 
purpose  of  publishing  the  historical  and  literary  remains 
connected  with  the  Palatine  Counties  of  Lancaster  and 
Chester.  In  its  chosen  field  the  publications  of  the  society 
possess  unique  value.  For  contents,  see  No.  VIII  and  note 
to  No.  XV. 

XXX 

COBBETT,  WILLIAM:  The  Parliamentary  History  of 
England  from  the  earliest  period  to  the  year  1803. 

This  work  supersedes  (a)  Parliamentary  or  Constitutional 
History ...  by  several  hands.  London,  1751-61,  as  well  as 
all  previous  collections  dealing  with  proceedings  on  Parlia- 
ment. Yet  where  Cobbett's  work  is  inaccessible  the  early 
collections  are  of  great  importance.  Of  these  the  student 
should  in  any  case  be  familiar  with  (£>)  D'Ewes'  Journals 


HISTORIANS,  CATALOGUES,  COLLECTIONS        13 

of  the  Parliaments  of  Queen  Elisabeth,  (c)  Chandler  and 
Timberland's  Debates,  (d)  Grey's  Debates  of  the  House 
of  Commons  from  1667  to  1694.  (e)  Almons'  Debates,  (f) 
Debrett's  Debates,  (f)  Parry's  The  Parliaments  and  Coun- 
cils of  England.  See  for  other  early  debates  No.  X. 
The  work  of  Cobbett  is  continued  by  No.  XLII. 

XXXI 

CHRONICLES  AND  MEMORIALS:  Chronicles  and 
Memorials  of  Great  Britain  and  Ireland  during  the  Middle 
Ages. 

This  collection  is  usually  cited  as  the  ROLLS  SERIES. 
It  is  of  the  highest  value.  Its  contents  —  see  VIII  and  Lists 
of  series  - —  are  of  such  scholarly  rank  as  to  possess  the 
highest  authority,  and  the  texts  therein  contained  supersede 
all  previous  editions.  The  scope  of  the  series  extends  from 
the  invasion  of  the  Romans  to  the  end  of  the  reign  of 
Henry  VII.  The  texts  have  been  edited  after  the  following 
plan :  Texts  not  to  be  mutilated  or  abridged,  accepted  text 
to  be  formed  from  collation  of  most  authentic  manuscripts. 
Accompanying  the  texts  are  valuable  introductions,  in  which 
may  be  found  an  account  of  the  manuscripts,  their  peculiari- 
ties, account  of  the  life  and  times  of  the  author,  as  well  as 
remarks  explaining  the  chronology. 

XXXII 

COLGANUS,  J. :  Acta  Sanctorum  Hibernia,  per  Joannem 
Colganum  edit  a.  Lovania,  1645-47. 

Of  considerable  interest  in  its  field.  For  contents,  see 
No.  VIIL 

XXXIII 

COLLECTANyE  ADAMANT/EA 

This  small  series,  begun  by  E.  Goldsmith,  Edinburgh,  in 
1884,  reproduces  a  number  of  rare  texts;  they  are  in  most 
cases  translated  as  well  as  edited. 

XXXIV 

COUNCILS  AND  ECCLESIASTICAL  DOCUMENTS 

Under  this  head  seven  series  are  included  because  of  their 
especial  importance. 

(A)  CARD  WELL,  E. :  Documentary  Annals  of  the 
Reformed  Church  of  England,  being  a  Collection  of  In- 
junctions, Declarations,  Orders,  Articles  of  Inquiry,  etc. 
etc.,  from  1546  to  1716.  Oxford,  1839. 

See  also  Sparrow's  Collection.  London,  1661,  and  later 
editions. 


1 4  SOURCE-BOOK  OF  ENGLISH  HISTORY. 

(B)  CARDWELL,  E. :  Synodalia,  a  Collection  of  Ar- 
ticles of  Religion,  Canons  and  Proceedings  of  Convoca- 
tions in  the  Province  of  Canterbury  from  7547  to  7777, 
with  notes  historical  and  explanatory.     Oxford,   1842. 

Invaluable  for  history  of  convocations. 

(BB)  GIBSON'S  CODEX:  Codex  Juris  Ecclesiastici 
Anglicani,  or  the  Statutes,  Constitutions,  Canons,  Ru- 
bricks  and  Articles  of  the  Church  of  England,  etc.,  etc.,  etc. 
Ed.  E.  Gibson.  London,  1703. 

A  valuable  work. 

(C)  HADDAN,  A.  W.,  AND  STUBBS,  W.:  Councils 
and   Ecclesiastical   Documents   relating   to   Great   Britain 
and  Ireland.     Oxford,  1869  et  seq. 

This  series  is  most  valuable  within  its  scope,  which  ends 
870,  for  the  British  Church.  With  1295  for  the  Welsh  and 
1072  for  the  Cornish. 

(£>)  JOHNSON,  J.:  A  Collection  of  the  Laws  and 
Canons  of  the  Church  of  England  from  its  first  Foundation 
to  1519.  Translated  into  English  with  explanatory  notes. 
London,  1720.  Oxford,  1850. 

Though  not  entirely  satisfactory,  this  series  bridges  the 
gap  between  XXXIV  (C)  and  XXXIV  (A)  and  (B).  Con- 
tains Lynwood's  notes. 

(E)  LYNWOOD,   W. :  Provincialc  sen   Constitutions 
Anglicc,  continens  Constitutions  Provinciates  XIV  archi- 
cpiscoporum  Cantuaricnsium,  viz.  a  Stephana  Langtono  ad 
Henricum    Chichlc'ium.      Oxford,   1470-80.      Best    edition, 
cui  adiicuntur   constitutioncs  Legating  Dom.    Othonis   et 
Othotonis  [John  of  Actona's  Gloss].     Oxford,  1679. 

Only  complete  view  of  Ecclesiastical  Jurisprudence  before 
the  Reformation  in  England. 

(F)  SPELMAN,  H. :  Concilia,  Decreta,  Leges,  Consti- 
tutioncs,   in    re    Ecclcsiarum    Orbis    Britannici    ab    initio 
Christiana   ibidem   Religionis   ad  nostram   usque  cetatam. 
1st  vol.  London,   1669.     lid  vol.  ed.  C.  Spelman,  London, 
1664. 

The  scope  of  this  work  extends  to  1530.  —  It  is  not  only 
valuable  in  itself,  but  should  be  used  in  conjunction  with  th« 
translated  documents  in  XXXIV  A,  B,  D. 


HISTORIANS,  CATALOGUES,  COLLECTIONS        15 

(G)   WILKINS,  D. :  Concilia  magnce  Britannia  et  Hi- 
bernice.     Accedunt  constitutions   et  alia.     London,    1737. 

Still  valuable. 

(H)  JAFFE,    P.:    Regesta    Pontificum    Romanorum. 
Leipzig,  1885. 

Papal  Letters  from  64-1198. 

(/)  POTTHAST,  A. :  Regesta  Pontificum  Romanorum. 
Berlin,  1873-75. 

Papal  Letters  from  1198-1304. 

XXXV 

D'ARCHERY,  D.  L. :  Spicilegium  sive  Collectio  veterum 
aliquot  Scriptorum  qui  in  Gallia  Bibliothecis  delituerant, 
etc.,  etc.  Paris,  1723. 

Of  interest  because  of  the  rare  letters  it  contains.  For 
contents,  see  No.  VIII.  This  manuscript  is  supplemented 
by  Vetera  Analecta;  see  No.  VIII  for  title  and  contents. 

XXXVI 

DUGDALES  MONASTICON:  Monasticon  Anglicanum, 
William  Dugdale,  ed.  Caley,  Bandinel  and  Ellis.  London, 
1817-1830. 

This  work  is  indispensable  to  a  study  of  the  ecclesiastical 
history  of  England  and  Wales.  It  covers  the  period  from 
the  institution  to  the  dissolution  of  the  monasteries.  See 
note  to  No.  XV. 

XXXVII 

EARLY  ENGLISH  TEXT  SOCIETY  PUBLICATIONS. 

This  society  was  founded,  in  1864,  for  the  purpose  of  edit- 
ing and  reprinting  the  texts  of  early  English  writers.  The 
publications  of  the  society  are  useful.  See  note  to  No.  XV. 

XXXVIII 

ENGLISH  HISTORICAL   SOCIETY   PUBLICATIONS. 

This  society  was  instituted  in  1837  for  the  purpose  of 
publishing  the  results  of  bibliographical  and  chronological 
investigations.  —  Before  its  dissolution  the  society  issued 
several  texts,  which  are  valuable  when  other  editions  are  un- 
procurable. For  contents,  see  No.  X  and  note  to  No.  XV. 


16  SOURCE-BOOK  OF  ENGLISH  HISTORY 

XXXIX 

EXCERPTA  HISTORICA;  or  Illustrations  of  Engi.s'.. 
History,  ed.  S.  Bentley.  London,  1831. 

Contains  a  variety  of  interesting  documents  which,  though 
of  secondary  importance,  are  of  value  as  illustrating  phases 
of  history.  For  contents,  see  No.  VIII. 

XL 

FASTI  ECCLESI/E  ANGLICAN/E;  or,  a  Calendar  of 
the  Principal  Dignitaries  in  England  and  Wales,  and  of 
the  chief  Officers  in  the  University  of  Oxford  and  Cam- 
bridge from  the  eariest  times  to  the  year  171$,  ed.  John 
Le  Neve.  Ed.  and  cont.  by  T.  D.  Hardy.  Oxford,  1854. 

An  indispensable  work  of  reference  in  its  field.  See  also 
Fasti  Ecclcsicc  Hibcrnicc,  ed.  Cotton.  London,  1858. 

XLI 

HAKLUYT  SOCIETY  PUBLICATIONS. 

This  society  was  organized  in  London,  1846,  for  the  pur- 
pose of  publishing  rare  and  valuable  voyages,  travels  and 
geographical  records.  Its  purpose  has  been  well  carried  out. 
Its  publications  are  of  the  highest  value  and  should  be  known 
to  every  student.  See  Nos.  VIII,  X  and  note  to  No.  XV. 

XLII 

HANSARD,  T.  C. :  Parliamentary  Debates,  from  the  year 
1803  to  the  present  time:  forming  a  continuation  of  the 
work  entitled  "The  Parliamentary  history  of  England 
from  the  earliest  period  to  the  year  1803"  [No.  XXX]. 
London,  1812-20.  New  Series,  London,  1820-30.  Third 
Series,  London,  1831-91.  Fourth  Series,  London,  1892-96. 
Fifth  Series,  now  in  course  of  publication. 

This  series,  and  that  numbered  XXX,  are  invaluable. 
Parliamentary  history  can  best  be  followed  in  their  volumes. 
See  also  No.  XLVII. 

XLIII 

HARLEIAN  MISCELLANY:  a  collection  of  scarce,  cu- 
rious and  entertaining  tracts,  ed.  Oldys  and  Park.  London, 
1808. 

These  volumes  contain  a  mass  of  material  of  varying  value 
yet  of  uniform  interest.  The  student  will  find  much  that 
will  be  helpful.  These  volumes  should  not  be  confounded 
with  those  issued  by  the  Harlcian  Society,  which  was  in- 
stituted for  the  publication  of  inedited  manuscripts  relating 
to  genealogy,  family  history  and  heraldry. 


HISTORIANS,  CATALOGUES,  COLLECTIONS        17 

XLIV 

HENRY  BRADSHAW  SOCIETY  PUBLICATIONS. 

This  society  was  founded,  in  1890,  for  the  purpose  of 
printing  and  editing  rare  liturgical  texts.  Its  work  is  im- 
portant. See  note  to  No.  XV. 

XLV 

IMPERIAL  INSTITUTE  OF  THE  UNITED  KINGDOM, 
THE  COLONIES  AND  INDIA  PUBLICATIONS. 

This  society  was  founded,  in  1887,  for  the  purpose  of  col- 
lecting and  publishing,  both  by  lectures  and  books,  informa- 
tion regarding  the  Empire.  The  work  of  the  society  is  valu- 
able for  contemporaneous  record  and  future  possibilities. 
See  note  to  No.  XV. 

XLVI 

IRISH  HISTORICAL  SOCIETIES. 

The  work  of  the  numerous  societies  is  of  value,  and  the 
student  should  consult  No.  X  for  the  publications  of  the 
Iberno-Celtic  Society  (bibliographical),  the  Irish  Archae- 
ological, and  the  Irish  Archaeological  and  Celtic  Societies, 
both  devoted  to  the  publication  of  materials  for  the  study  of 
Irish  History.  See  also  No.  LVI  and  note  to  No.  XV. 

XLVII 

JOURNALS:  (a)  House  of  Commons;  (&)  House  of  Lords. 

(a)  Journals  of  the  House  of  Commons.     London. 

(&)  Journals  of  the  House  of  Lords.    London. 

These  extremely  valuable  series  extend  from  1547  to  date. 
They  are  indexed  and  in  some  instances  calendared ;  for  de- 
tails, see  No.  IX.  They  should  be  consulted  in  connection 
with  Nos.  XXX  and  XLII. 

XL  VIII 

LAWS  AND  STATUTES. 

(A}  Anglo-Saxon  Period.     See  No.  XCL 

(B)  Norman  Period.     In  addition  to  volumes  numbered 
CIV,  CV,  and  CVI,  see  The  Sources  of  the  Law  of  Eng- 
land, by  H.  Brunner,  trans.  W.  Hastie.     Edinburgh,  1888. 

(C)  From  1215. 

(a)  Statutes  of  the  Realm,  ed.  A.  Luders,  T.  E. 
Tomlins  and  others.     London,  1810-22. 

Statutes  from  1215  to  1713.  —  Preceded  by  several 
earlier  charters.  Contains  valuable  introduction  on  le- 
gal bibliography. 


i8  SOURCE-BOOK  OP  ENGLISH  HISTORY 

(b)  Statutes  at  Large  from  Magna  Charta,  ed.  O. 
Ruffhead  and  others.     London,   1763-1800. 

From  1215  to  1800. 

(c)  Statutes  at  Large  of  the  United  Kingdom  of 
Great   Britain   and  Ireland,   ed.   T.   E.   Tomlins   and 
others.     London,  1804-69. 

From  1801-1869. 

(d)  Public  General  Statutes. 
From  1830-1887. 

(e)  Public  General  Acts.     Published  by  Authority. 
1888  and  following. 

From  these  editions  may  he  studied  the  sequence  of  legis- 
lation and  the  detail  of  acts  from  the  earliest  records  to  the 
present  annual  publications.  In  addition  to  the  series  men- 
tioned there  are  series  of  Revised  Statutes  published  by 
authority.  These  are  not  as  valuable  for  historical  research, 
as  they  do  not  contain  obsolete  statutes.  Abridgments  and 
other  private  editions  of  the  laws  are  of  even  less  value  from 
the  historical  standpoint.  —  The  series  named  are  well  in- 
dexed and  see  for  this  Gross.  Bibliography  of  Municipal 
History,  No.  IX  as  well  as  works  therein  mentioned  on  page 
13  et  seq. 

The  student  should  make  himself  familiar  with  the  prin- 
cipal series  of  reports  and  also  with  accounts  of  trials  in 
the  various  courts. 

XLIX 

LETTERS. 

Various  important  collections  of  letters  have  been  made. 
See  the  titles  in  chapter  II,  also  No.  VIII. 

L 

MABILLON:  Ada  Sanctorum  Ordinis  Sancti  Bcnedicti  in 
Sccculorum  Classes  distribute  . . .  Paris,  1688-1701.  Venice 
(reprint),  1733. 

This  work  is  of  value.  VIII  does  not  give  full  list  of  the 
lives  of  the  British  saints  in  L,  but  the  exclusion  is  judicious, 
as  all  lives  not  based  upon  manuscript  sources  are  excluded. 

LI 

MAITLAND  CLUB  PUBLICATIONS. 

This  club  was  instituted  at  Glasgow  in  1828  for  the  pur- 
pose of  printing  works  illustrative  of  the  antiquities,  liter- 
ature and  history  of  Scotland.  See  Nos.  VIII,  X  and  so- 
cieties catalogues.  See  also  Wodrow  Society  Publications 
catalogue  in  No.  X  and  No.  VIII. 


HISTORIANS,  CATALOGUES,  COLLECTIONS        IQ 

LII 

MANX  SOCIETY  PUBLICATIONS. 

This  society  was  instituted  at  Douglas,  Isle  of  Man,  in 
1858,  for  the  purpose  of  publishing  materials  for  the  history 
of  Soder  and  Man.  The  publications  afford  valuable  light 
in  an  obscure  field. 

LIII 

MESSINGHAM,  THOMAS:  Florilegium  Insulcc  Sancto- 
rum sett  Vitas  et  Acta  Sanctorum  Hibcrnia:. 

For  contents,  see  VIII.  For  additional  lives  of  the  saints 
—  and  from  such  writings  much  of  the  detail  of  early  his- 
tory may  be  obtained  —  see  Capgrave's  Nova  Lcgcnda  Anglia- 
(see  No.  VIII,  p.  736  and  note).  See  Pinkerton's  Vita; 
Antiques  Sanctorum  Scotice  (contents  stated  in  No.  VIII). 

LIV 

MIGNE,  L'ABBE:  Patriologicc  Cursus  Completus.  Paris, 
1844-1855.  Part  of  this  set  exists  in  a  French  translation. 

This  monumental  series  contains  well  edited  texts  of  the 
works  of  the  early  English  writers,  and  also  valuable  cor- 
respondence. See  No.  VIII  for  contents. 

LV 

MONUMENTA  HISTORICA  BRITANNICA,  or  Materials 
for  the  History  of  Britain,  ed.  H.  Petrie  and  J.  Sharpe. 
London,  1848. 

A  valuable  work.  Of  particular  interest  because  of  the 
material  bearing  upon  earliest  British  history. 

LVI 

OSSIANIC  SOCIETY  PUBLICATIONS. 

This  society  was  instituted  at  Dublin,  1853,  for  the  purpose 
of  preserving  and  of  publishing  manuscripts  in  the  Irish 
language  illustrative  of  the  Fenian  period  of  Irish  history . . . 
with  literal  translations  and  notes.  The  publications  are  of 
great  interest.  See  No.  X.  See  also  No.  XLVI  and  note 
to  No.  XV. 

LVII 

PARKER  SOCIETY  PUBLICATIONS. 

This  society  was  instituted  at  Cambridge,  1840,  for  the 
purpose  of  reprinting  without  abridgment,  alteration,  and 
omission,  of  the  best  works  of  the  Fathers  and  early  writers 
of  the  Reformed  English  Church,  published  in  the  period 
between  the  accession  of  King  Edward  VI.  and  the  death  of 
Queen  Elizabeth.  See  Nos.  VIII,  X,  and  note  to  No.  XV. 


20  SOURCE-BOOK  OF  ENGLISH  HISTORY 

LVIII 

PARLIAMENTARY  WRITS  and  writs  of  military  sum- 
mons .  . .  relating  to  the  suit  and  service  due  and  performed 
to  the  King's  Jiigh  court  of  Parliament  and  the  councils  of 
the  realm,  or  affording  evidence  of  attendence  given  at 
Parliaments  and  councils,  ed.  F.  Palgrave.  No.  XXXI. 
London,  1827-1834. 

Of  this  work  Professor  Gross  well  says:  "The  most  elabo- 
rate source  for  the  study  of  parliamentary  history  in  the 
reigns  of  Edward  I.  and  Edward  II."  See  also  W.  Prynne's 
A  brief  register,  kalcnder.  and  survey  of  the  several  kinds 
[and]  forms  of  all  parliamentary  wits.  London,  1659-64. 
Examples  extend  to  1483.  In  connection  with  Parliamentary 
Writs,  see  Parliamentary  Papers,  1878,  vol.  Ixii,  parts  i-iii. 
London,  1878.  for  a  Return  of  the  name  of  every  member 
of  the  lower  house  of  the  Parliaments  of  England,  Scotland, 
and  Ireland,  with  name  of  constituency  represented,  and  date 
of  return,  from  1213  to  1874.  Also  Parliamentary  Papers, 
1890-91,  vol.  Ixii,  London,  1891,  which  contains  the  foregoing 
to  1885.  See  also  the  critical  examination  of  above  compila- 
tions by  W.  W.  Bean  in  the  Parliamentary  Returns . . . 
London,  1883. 

LIX 

PIPE  ROLL  SOCIETY  PUBLICATIONS. 

This  society  was  instituted  in  London,  in  1883,  for  the 
purpose  of  publishing  the  Great  Rolls  of  the  Exchequer, 
commonly  called  the  Pipe  Rolls,  and  other  documents  prior 
to  the  year  A.D.  1200.  The  rolls  begin  in  2  Hen.  II.,  and  ex- 
tend with  but  two  breaks  (i  Hen.  III.  and  7  Hen.  IV.  —  this 
break  is  filled  by  other  records — )  to  1833.  The  Rolls  are 
of  great  value.  One  not  in  sequence,  that  of  31  Hen.  I.,  is 
the  oldest  national  document,  except  Doomsday  book,  now 
in  existence.  The  student  should  make  himself  familiar  with 
the  Charter,  Close,  Hundred,  Patent,  Plea,  and  other  Rolls. 
See  Nos.  VIII  and  X  (p.  22  et  seq.),  and  note  to  No.  XV. 

LX 

RECORD  COMMISSION  PUBLICATIONS. 

Under  the  term  "Records"  Messrs.  Gardiner  and  Mul- 
linger,  in  their  exceedingly  valuable  little  text-book  English 
History  for  Students,  include  "(O  Inrolmcnts  which  are 
intended  to  be  official  and  authentic  records  of  lawful  acts 
made  by  the  proper  officer  of  any  court  upon  rolls,  or,  in 
some  case,  in  official  entry-books  of  the  same  court;  (2) 
Memorandum  of  acts  or  instruments  brought  into  the  proper 
office  of  any  court  by  parties  interested  therein  (or  by  their 
agents)  either  in  the  form  of  rolls  or  otherwise,  and  pre- 


HISTORIANS,  CATALOGUES,  COLLECTIONS        21 

served  in  bundles  or  on  files;  (3)  Books  of  entries,  contain- 
ing memorandum  of  acts,  etc.,  entered  by  officers  of  the 
court;  (4)  State  papers,  which  form  a  distinct  branch  of  the 
records." 

The  publications  of  the  Commission  include  The  Corre- 
spondence of  Henry  VIIL  (abstracted  in  No.  XXII),  The 
Statutes  of  the  Realm  (No.  XLVIII,  C,  a),  The  Doomsday 
Book  (No.  XCI,  D),  Ancient  Laws  and  Institutes  (No. 
XCI,  A),  and  various  other  important  publications,  notably 
indexes,  catalogues,  and  transcripts.  See  Record  Com- 
mission Catalogue  (Macmillan  &  Co.  will  send  on  request). 
See  Handbook  to  the  Public  Records,  ed.  F.  S.  Thomas, 
Lond.  1853,  and  Guide  to  Principal  Classes  of  Documents 
preserved  in  Public  Record  office,  ed.  R.  S.  Bird. 

(ROLLS  SERIES.    See  No.  XXX.) 

LXI 

ROYAL  HISTORICAL  SOCIETY  PUBLICATIONS. 

This  society  was  founded  in  London,  in  1868.  Its  publi- 
cations are  varied  in  subject  and  of  unequal  value.  They 
furnish,  however,  much  information  of  importance  that  is 
not  elsewhere  obtainable.  Consult  the  publications  of  the 
Royal  Society  (not  to  be  confounded  with  No.  LXI)  for 
history  of  the  progress  of  science.  See  note  to  No.  XV. 

LXII 

SCOTTISH  HISTORY  SOCIETY  PUBLICATIONS. 

This  society  was  instituted,  in  1886,  at  Edinburgh  for  the 
purpose  of  discovering  and  printing,  under  selected  editor- 
ship, unpublished  documents  illustrative  of  the  civil,  religious, 
and  social  history  of  Scotland.  Its  publications  are  valuable. 
See  note  to  No.  XV. 

LXIII 

SCRIPTORES 

The  items  under  this  head  are  numerous.  In  the  various 
series  may  be  found,  with  scant  exceptions,  all  the  texts  of 
the  writers  of  the  pre-printing  epoch  in  English  history.  The 
student  should  be  informed  as  to  the  contents  of  the  various 
series  and  their  critical  value.  See  No.  VIIL  The  names 
of  the  principal  sets  are  here  given. 

(a)  Scriptores  post  Bedam,  ed.  Savile.  London,  1596. 
Frankfort,  1601. 

(&)  Scriptores  Dec  em,  Histories  Anglicance,  ed.  Twys- 
den.  London,  1652. 


22  SOURCE-BOOK  OF  ENGLISH  HISTORY 

(c)  Scriptorcs  Rcrum  Anglicarum,  ed.  Fulman.  Ox- 
ford, 1684. 

(</)  Scriptorcs  XV,  Historicc  Britanniccc,  Saxoniccc,  An- 
glo-Danic(c,  ed.  Gale.  Oxford,  1691. 

(c )  Scriptures  Varii,  Historicc  Anglicancc,  ed.  Sparkes. 
London,  1/23. 

(f)  Scriptorcs    Vctustiorcs,    Rcrum    Britannic  arum,    id 
est  Anglicc,  Scoticc,  vicinarumquc  insularum  ac  regionum, 
ed.  Conimelin.     Heidelberg,  1587. 

(g)  Scriptorcs  Normannicc,  ed.  Duchesne.     Paris,  1619. 
(/»)  Scriptorcs  Vctcrcs  rcrum  Hibcrnicarum,  ed.  O'Con- 

or.     Buckingham,  1804-1806. 

(*)  Scriptorcs  Rcrum  Danicarum  Mcdii  JEvi,  ed. 
Langebek.  Hafinise,  1772. 

LXIV 

SELDEN  SOCIETY  PUBLICATIONS. 

This  society  was  founded,  in  1887,  for  the  purpose  of  en- 
couraging the  study  and  advancing  the  knowledge  of  the 
history  of  English  Law.  Its  objects  in  detail  are  "the  print- 
ing of  manuscript  and  of  new  editions  and  translations  of 
books  having  an  important  bearing  on  English  legal  history; 
the  collection  of  materials  for  dictionaries  of  Anglo-French 
and  of  law  terms;  the  collection  of  materials  for  a  history  of 
English  law,"  etc.  etc.  The  works  of  the  society  are  of  the 
highest  importance.  See  note  to  No.  XV. 

LXV 

SPALDING  CLUB  PUBLICATIONS. 

This  Club  was  instituted  at  Aberdeen,  1839,  for  the  pur- 
pose of  printing  the  historical,  ecclesiastical,  genealogical, 
topographical,  and  literary  remains  of  the'  North-Eastern 
counties  of  Scotland.  See  Nos.  VIII,  X,  and  the  society 
catalogues.  In  connection  with  Scottish  history,  see  the 
Scottish  Burgh  Record  Society  (note  to  No.  XV). 

LXVI 

SURTEES  SOCIETY  PUBLICATIONS. 

This  society  was  instituted  at  Durham,  1834.  for  the  pur- 
pose of  publishing  inedited  manuscripts  illustrative  of  the 
intellectual,  the  moral,  the  religious,  and  the  social  condition 
of  those  parts  of  England  and  Scotland  included  on  the  East 
between  the  Humber  and  the  Firth  of  Forth,  and  on  the  West 
between  the  Mersey  and  the  Clyde  —  the  ancient  kingdom  of 
Northumbria.  The  publications  of  this  society  are  interest- 
ing and  of  peculiar  value  within  its  chosen  field.  See  Soc. 
Catgs.,  also  Nos.  VIII  and  X,  and  note  to  No.  XV. 


HISTORIANS,  CATALOGUES,  COLLECTIONS        23 

LXVII 

THESAURUS  NOVUS  ANECDOTORUM:  Complectens 
Regum  ac  Principum,  aliorumque  Virorum  illustrium  Epis- 
tolas  ct  Diplomata  bene  mult  a,  Prodiit  nunc  primum  studio 
et  opera  Domni  Edmundi  Martene  et  Domni  Ursini  Du- 
rand . . .  1717. 

Contains  much  interesting  material.  For  catalogue,  see 
No.  VIII,  also  No.  LXIX. 

LXVIH 

TREATIES  AND  CONVENTIONS 

(A)  RYMER'S    FCEDERA:    Fcedera,    Conventions, 
liters,  ct  cujuscumque  generis  Ada,  Publica,  inter  Reges 
Anglicc   et   alias   quosvis  Irnperatores,   Reges,   Pontifices, 
Principes,  vel  communitatcs  .  .  .,  ed.  T.  Rymer  (14  vols.), 
R.   Sanderson   (last  6  vols.).     London,   1704-35.     Several 
other  editions.     The  best  is  that  edited  by  A.  Clarke  and 
others   for   Record   Commission.     The   Series   is   indexed 
and  commented  upon  in  Syllabus  of  Documents  in  Rymer's 
Fcedera,  ed.  T.  D.  Hardy.     No.  XXXI.     1869-85. 

Rymer's  Fcedera  commences  with  noi  and  concludes  with 
1654.  It  is  invaluable  in  its  chosen  field,  which,  as  stated  in 
the  instructions  to  Thomas  Rymer,  the  historiographer  royal, 
was :  the  transcription  and  publication  of  all  leagues,  treaties, 
alliances,  capitulations,  and  confederacies  which  had  at  any 
time  been  made  between  the  crown  of  England  and  other 
kingdoms.  The  last  volume  of  Fcedera  is  not  full,  and  the 
work  must  be  supplemented  by  No.  LXVIII,  B. 

(B)  DUMONT'S:    Corps    Universel   Diplomatique   du 
Droit  des  Gens:  Contenant  un  Recueil  des  Traitez  d' Al- 
liance, de  Paix,  de   Treve,  de  Neutralite,  de   Commerce, 
d'Echange,  etc.,  etc.,  depuis  le  Regne  de  VEmpereur  Charle- 
magne jusques  a  present,  par  J.  Dumont.      Continued  by 
Barbeyrac  and  Rousset.     Amsterdam,  1739. 

This  work  continues  the  record  of  treaties  from  315  to 
1730.  Then  consult  No.  LXVIII,  C.  See  also  Histoire  des 
Traites  de  Paix  et  autres  negotiations  du  dix-septieme  siecle, 
depuis  la  paix  de  Veruins  jusqu'a  la  paix  de  Nimigue,  Am- 
sterdam, 1725.  Also  Negotiations  Secretes,  The  Hague, 
1725-1726. 

(C)  WENCK'S:  Corpus  Juris  Gentium  Recentissimi  e 
tabulariorum  exemplorumque  fide  dignorum  mottumentis 


SOURCE-BOOK  OF  ENGLISH  HISTORY 

compositus  . .  .  Fred.  Aug.  Gid.  IVcnkii . . .  Towns  Primus 
continens  diplomata  indc  ab  anno  MDCCXXXV  usque  ad 
annum  MDCCXLII.  Lipscc,  MDCCLXXXI.  Ill,  1743 
to  1753.  Ill,  1753  to  1772.] 

The  student  will  next  consult  No.  LXVIII,  D. 

(D)  MARTEN'S  RECUEIL  and  continuations:  Rc- 
cucil  dc  Traitcs  d'Alliancc,  dc  Paix,  dc  Trcvc,  dc  Neutra- 
lite,  dc  Commerce,  dc  Limitcs,  d'Echangc,  etc.,  ct  plusicurs 
autrcs  actes  servant  a  la  connaissancc  dcs  relations  ctran- 
gcrcs  des  Puissances  et  etats  dc  I'Europc  tant  dans  leur 
rapport  miitucl  quc  dans  ccliti  envers  Ics  Puissances  et 
ctats  dans  d'autrcs  parties  du  Globe  depuis  1761  jusqu'a 
present  [//o#],  par  Gco.  Fred,  de  Martens.  Seconde  edi- 
tion, revue  ct  augmcntce.  Gottingen,  1817. 

(£)  Nouveau  Rccueil  .  .  .  depuis  1808  jusqu'a  present 
[1874]  . . .  Martens  [to  1817  continuations  by  Murhard, 
Samwer  and  Hopfe. 

(F)  Nouveau   Supplements  an  Rccueil  dc   Traitcs,  by 
Murhard   [covers   1761-1839]. 

(G)  Nouveau     Rccueil     General  .  .  .  Continuation     du 
Grand   Rccueil    [that    of    Martens    et    al.]  . . .      Dcuxicmc 
Scric   [by   Samwer,   Hopfe  and   Stoerk].      Gottingen   and 
Leipzig,  1876  ct  seq.     Covers  period  from  1853  to  date  and 
still  in  progress. 

Full  indexes  and  extensive  supplements  accompany  these 
volumes  (D)  to  (G)  inclusive. 

(//)  HERTSLET'S  COMMERCIAL  TREATIES:  A 
Complete  Collection  of  the  Treaties  and  Conventions  and 
Reciprocal  Regulations  at  present  subsisting  between  Great 
Britain  and  Foreign  Powers  and  of  the  Laws,  Decrees  and 
Orders  in  Council  concerning  the  same;  as  far  as  they  relate 
to  Commerce  and  Navigation,  to  the  Repression  and  Aboli- 
tion of  the  Slave  Trade  and  to  the  Privileges  and  Interests 
of  the  subjects,  of  the  high  contracting  parties.  Compiled 
from  authentic  documents  by  Lewis  Hcrtslet,  Librarian  and 
Keeper  of  the  Papers,  foreign  office.  London,  1840-1885. 

This  important  series  has  a  full  double  index,  arranged 
by  subjects  and  by  dates.  Various  other  series  of  treaties 
have  been  published ;  see  note  in  Encyclopedia  Britannica. 
9th  edition.  —  At  present,  all  treaties,  not  secret,  are  pub- 
lished in  the  London  Gazette  and  in  Parliamentary  reports. 


HISTORIANS,  CATALOGUES,  COLLECTIONS        25 

LXIX 

VETERUM  SCRIPTORUM  et  Monument orum,  Histori- 
corum,  Dogmaticorum,  Moralium,  Amplissirna  Collectio. 
Complectcns  Re  gum  et  Principum  aliorumque  virorum 
illustrium  Epistolas  et  Diplomata  bene  multa.  Prodiit 
nunc  primum  studeo  et  opera  Domni  Edmundi  Martene, 
et  Domni  Ursini  Durand,  presbytcrorum  et  monachorum 
Benedictinorum  e  Congregratione  S.  Mauri.  Paris,  1724. 

Contains  a  mass  of  material.  See  No.  LXVII.  For  con- 
tents, see  No.  VIII. 

LXX 

WELSH  MANUSCRIPTS. 

The  four  principal  societies  for  the  publication  of  Welsh 
manuscripts  are : 

(a)  Cambrian  Archaeological  Association,  inst.  1846. 

(b)  Cambrian  Institute,  inst.   1853. 

(c)  Cymmrodorion  or  Metropolitan  Cambrian  Institute, 

1751,  revived  1820. 

(rf)  Welsh  Manuscripts'  Society,  inst.   1837. 
During  the  activity  of  these  societies  they  published  many 
valuable   works.     See   No.   VIII   and  No.   X.     For  publica- 
tions, see  note  to  No.  XV. 

LXXI 

Year  Books:  Lcs  reports  des  cases  argue  et  adjudge... 
London,  1678-80. 

The  scope  of  this  series  extends  from  Edw.  II.  to  Hen. 
VIII.  For  year  books  antedating  Edw.  II.,  see  No.  XXXI. 
In  this  series  also  appear  various  Year  Books  of  Edw.  III. 

In  addition  to  the  series  and  collections  given,  the  stu- 
dent is  referred  to  the  additional  series  and  to  the  publica- 
tions of  private  presses,  catalogued  in  Lowndes'  Bibliog- 
rapher'* Manual  (No.  X),  Hardy's  Descriptive  Catalogue 
(No.  VIII),  Watt's  Bibliotheca  Britannica  (No.  IX),  The 
English  Catalogue  (No.  XI),  and  the  Official  Year  Book 
of  the  Scientific  and  Learned  Societies  of  Great  Britain  and 
Ireland.  London,  ann.  since  1884. 


CHAPTER  II 

SOURCES  ARRANGED  BY  EPOCHS 

In  the  sections  which  follow  an  attempt  has  hecn  made  to 
group  the  most  important  and  most  accessible  sources  by 
epochs.  The  great  collections  given  in  section  2  and  3  are, 
with  few  exceptions,  to  be  found  at  the  university  centres 
of  the  United  States.  The  sources  under  sections  4  to  9 
inclusive  are,  in  most  cases,  even  more  readily  available. 
While  no  attempt  has  been,  or  could  have  been,  made  to 
render  source  material  complete  for  any  epoch,  yet  the  student 
will  find  ample  working  bibliographies,  and  by  consulting  the 
volumes  mentioned  in  sections  i  and  2,  the  lists  given  can  be 
made  exhaustive. 

SECTION  4.  — THE  PRE-NORMAN  PERIOD 

LXXII 

MATERIALS  FOR  THE  HISTORY  OF  BRITAIN: 
Monument  a  Historica  Britannica,  ed.  H.  Petrie  and  J. 
Sharpe.  London,  1848.  Only  one  volume  published. 

Indispensable  for  reprints  of  references  to  Britain  in  early 
Greek  and  Latin  writers.  Greek  excerpts  are  translated. 
Contains  copies  of  ancient  inscriptions  referring  to  Britain. 
Also  ancient  British  and  Roman  coins,  facsimiles  of  MSS, 
maps.  Also  texts  of  Gildas,  Nennius,  Bede,  Short  Chronicle 
of  Northumberland,  Anglo-Saxon  Chronicle,  Asser,  Chron- 
icle of  Eathelward,  Florence  of  Worcester,  Simeon  -of  Dur- 
ham, Ecclesiastical  Register,  Henry  of  Huntingdon,  Cam- 
brian Annals,  Geoffrey  Gaimer,  Chronicle  of  the  Prince  of 
Wales,  Song  of  the  Battle  of  Hastings.  Full  indices. 

LXXIII 

C/ESAR,  Commentaries  on  the  Gallic  War:  Commentarii 
de  bello  Gallico.  Many  editions  of  both  original  text 
and  its  translation. 

26 


SOURCES  ARRANGED  BY  EPOCHS  27 

Caesar's  invasions  of  Britain,  description  of  island  and  its 
inhabitants,  accounts  of  the  early  Germans.  For  the  latter 
subject,  see  also  Tacitus,  Germania. 

LXXIV 

TACITUS,  Life  of  Agricola:  Agricola  vita.  As  of  Caesar, 
many  editions  of  this  work  and  its  translation  are  acces- 
sible. 

Activities  of  Agricola,  Roman  occupation  of  Britain,  de- 
scriptions of  island  and  its  inhabitants,  supplements  Caesar. 

LXXV 

GILDAS:  De  Excidio  Britannia;.  Text  in  Nos.  LXXII, 
LIV,  LXIX,  XXXVIII,  1838,  etc.  Translations.  Most 
accessible  in  Six  Old  English  Chronicles.  Bohn  Library. 

Two  parts:  1st  55  B.C.  to  circa  383;  2nd  to  middle  of  sixth 
century.  The  work  of  Gildas  forms  "the  basis  of  early  Eng- 
lish History." 

LXXVI 

BEDE,  Ecclesiastical  History  of  the  English  People:  His- 
torica  Ecclesiastica  Gentis  Anglorum.  Of  the  texts,  a 
number  of  editions  are  accessible ;  I  prefer  edition  in  No. 
LXXII  and  in  No.  XXXVII.  Of  the  several  translations 
that  by  T.  Miller  in  No.  XXXVII  is  useful. 

Covers  period  from  55  B.C.  to  middle  of  eighth  century. 
For  this  period  the  book  is  indispensable. 

LXXVII 

THE  ITINERARY  OF  ANTONIUS:  Itinerarium  Anto- 
nini  Augnsti  et  Hieroslymitanum,  ed.  G.  Parthey  and  M. 
Finder.  Berlin,  1848. 

Enumerates  the  towns  and  stations  of  Roman  Britain  with 
intervening  distances. 

/ 

LXXVIII 

THE  OFFICIAL  LIST  OF  THE  EMPIRE :  Notitia  Digni- 
tatum  et  Administrationuwi  omnium  tarn  Civilium  quam 
Militarium  in  Partibus  Orientis  et  Occidentis.  Several 
edit,  of  texts;  see  that  of  O.  Seeck.  Berlin,  1876. 

Organization  of  Britain  under  Roman  government. 


28  SOURCE-BOOK  OF  ENGLISH  HISTORY 

LXXIX 

NENNIUS'  HISTORY  OF  BRITAIN:  Eulogium  Brittania; 
sire  Historia  Britonum,  auctore  Ncnnio.  Texts  in  Nos. 
LXIII;  LXXII;  XXXVIII.  Also  in  several  other  edits. 
Trans.  J.  A.  Giles.  Six  Old  English  Chronicles.  London, 
1848. 

Valuable  for  Welsh  history.  Ends  688.  For  a  discussion 
as  to  value  of  this  work,  see  Ncnnius  Vindicatus,  H.  Zim- 
mer,  Berlin,  1893. 

LXXX 

ICELANDIC  SAGAS,  and  other  Historical  Documents  re- 
lating to  the  Settlements  and  Descents  of  the  Northmen  in 
the  British  Isles.  Vols.  iii-iv,  G.  W.  Dasent,  in  No. 
XXXI. 

A  collection  of  historical  documents  referring  to  descents 
and  settlements  of  Northmen  in  Britain.  See  XIV  First 
Supplement. 

LXXXI 

ANGLO-SAXON  CHRONICLE:  Various  valuable  editions 
of  text,  notably  those  of  Petrie  in  No.  LXXII;  Thorpe 
in  No.  XXXI;  J.  Earle,  Oxford,  1865.  Tr.,  Gurney,  Nor- 
wich, 1819;  Ingram,  London,  1823;  also  Thorpe,  supra. 

This  most  valuable  of  national  records  extents  from  i  A.D. 
to  1154.  Especially  valuable  from  sixth  century  to  close  of 
Norman  Conquest. 

LXXXII 

ASSER'S  LIFE  OF  ALFRED:  Annalcs  Rerum  Gestarum 
Alfredi  Magni,  Auctore  Asserio  Menevensi.  Text,  ed. 
Wise.  Oxford,  1722.  Also  in  Nos.  LXXXII ;  LXII  D,  etc. 
Tr.  Six  Old  English  Chronicles.  London,  1848. 

Chronicle  from  851-887.     Events  of  Alfred's  life. 

LXXXIII 

ETHELWERD'S  CHRONICLE:  Chronicon  JEthelweardi 
ab  Incarnationc  Domini  ad  annum  975.  Text,  Nos.  LXIII 
a;  LXXII  B.  Tr.  in  Six  Old  English  Chronicles.  Lon- 
don, 1848. 

Of  some  value  for  tenth  century. 


SOURCES  ARRANGED  BY  EPOCHS  29 

LXXXIV 

EMMA,  QUEEN  OF  THE  ENGLISH:  Emma:  Anglorum 
Regince,  Ricardi  I.  Duds  Normannorum  Filia,  Enconium. 
Author  unknown.  Text,  No.  LIV  and  elsewhere.  See 
No.  VIII. 

Valuable  for  period  from  1012  to  1040. 

LXXXV 

EDWARD  THE  CONFESSOR:  Vita  JEduuardi  Regis  qui 
apud  Westmonastcrium  requiescit,  ed.  H.  R.  Luard  in 
XXXI.  For  other  lives  see  same  series,  Lives  of  Edward 
The  Confessor,  and  No.  VIII. 

Lives  of  the  Confessor;  valuable  for  his  period. 

LXXXVI 

ALCUIN'S  LETTERS:  Beati  Flacci  Albini  sen  Alcuini 
Epistolce.  These  are  printed  in  many  collections  as  well 
as  by  themselves.  See  No.  VIII. 

Relations  between  England  and  the  Continent  in  eighth  and 
ninth  centuries. 

LXXXVII 

SIMEON  OF  DURHAM'S  HISTORY  OF  THE  KINGS 
OF  ENGLAND :  Simeonis  Dunelmensis  Opera  et  Collec- 
tanea, ed.  T.  Arnold,  in  No.  XXXI.  Texts  also  in  No. 
LXXII. 

Valuable  for  tenth  century,  particularly  for  events  in 
Northumbria.  Stops  at  1130. 

LXXXVIII 

HENRY  OF  HUNTINGDON :  Henrici  Archidiaconi  Hun- 
tindoniensis  Historic  Anglorum,  ed.  T.  Arnold,  No.  XXXI. 
Text  also  in  Nos.  LXIIIo;  LIV;  XXXV,  iii.  503;  also 
LXXII.  Trans.,  T.  Forester.  London  (Bohn). 

Ballads  and  traditions  not  otherwise  preserved.  Details 
of  history  not  elsewhere  found.  Ends  with  middle  of  twelfth 
century. 

LXXXIX 

WILLIAM  OF  MALMESBURY:  Willielmi  Monachi  Mal- 
mesburiensis  de  Gestis  Re  gum  Anglorum,  libri  V  et  His- 
toric Novella.  Texts  also  in  Nos.  XXXVIII ;  LIV,  179, 


30  SOURCE-BOOK  OF  ENGLISH  HISTORY 

959;  XVIII,  ii.,  pp.  1-49,  vi.  77;  LXIIIa;  XV,  pp.  337-81; 
XXXI,  and  elsewhere.  See  No.  VIII.  Trans.,  J.  Sharpe. 
London  (Bohn). 

High  authority  for  Anglo-Norman  period.  Gives  history 
of  English  bishops  and  monasteries  from  597  to  1123  A.D. 

XC 

FLORENCE  OF  WORCESTER:  Florentii  Wigornensis 
Monachi  Chronicon  ex  Chronicis  ab  Adventu  Hcngcsti  et 
Horsi  in  Britanniam  usque  ad  Annum  iiif,  ed.  B.  Thorpe. 
No.  XXXVIII,  1848.  Text  also  in  several  editions.  Por- 
tion from  450  to  1066  in  No.  LXXII.  Trans.,  T.  Forester. 
London. 

Of  considerable  value.     Ends  1116. 

XCI 

LAWS  AND  LEGAL  DOCUMENTS. 

(A)  Ancient  Laws  and  Institutes  of  England,  ed.   B. 
Thorpe,  for  Record  Commission.     No.  LX. 

Complete  collection  of  laws  and  legal  documents  of  Anglo- 
Saxon  Period.  Invaluable. 

Ancient  Charters,  royal  and  private,  prior  to  A.D.  1066. 

See  Rec.  Comm.  No.  LX  and  Pipe  Roll  Soc.  Publications 
No.  LIX. 

(B)  Codex    Diplomaticus    2Evi    Saxonici,    ed.    J.    M. 
Kemble.     For  No.  XXXVII. 

A  valuable  collection  of  charters  of  Anglo-Saxon  Period. 

(C)  Cartularium  Saxonicum,  ed.  W.  de  G.  Gray.     Lon- 
don, 1883. 

A  collection  of  charters.  The  critical  estimate  of  authen- 
ticity of  documents  is  to  be  found  in  last  volume.  It  is 
valuable. 

(D)  Doomsday  Book.  Seu  Liber  Censualis  Williclmi 
Primi,  ed.  A.  Farley  and  others.  London,  1783-1816. 

This  work  is  valuable.  It  should  be  consulted  in  connec- 
tion with  Prof.  Maitland's  erudite  work,  Doomsday  Book 
and  Beyond. 

(E)  Die  Gc seize  dcr  Angclsachsen.  R.  Schmid.  Leip- 
zig, 1858.  Supplemented  by  Liebermann,  Zu  den  Gcsetzen 
der  Angclsachsen  in  Zcitschrift  der  Savigny-Stiftung, 
vol.  V.  Weimar,  1885.  Germ.  Abtheilung,  pp.  198  ff. 


SOURCES  ARRANGED  BY  EPOCHS  31 

The  documents  are  given  in  their  original  language.  Ger- 
man translation,  critical  explanations  of  value,  and  copious 
glossary  is  given. 

(F)  Handbook  to  the  Land-Charters  and  other  Saxonic 
Documents,  ed.  J.  Earle.     Oxford,  1888. 
Useful  book  by  a  careful  scholar. 

(G)  Select  Charters  and  other  Illustrations  of  English 
Constitutional  History,  from  the  Earliest  Times  to  the  Reign 
of  Edw.  I.,  ed.  W.  Stubbs.     Oxford,  1870,  etc. 
The  most  valuable  of  the  small  collections. 

(H)  Autotype  Facsimiles  of  the  Ancient  Charters  in 
British  Museum,  ed.  E.  A.  Bond.     London,  1873-78. 

These  are  interesting  and  suggestive  volumes,  and  the 
most  important  of  a  class  of  works  with  which  the  student 
should  become  familiar. 

Ecclesiastical    Documents,    Laws,    Councils,    etc.     See 

No.  XXXIV. 

The  student  should  consult  Nos.  XI,  XIV,  for  late  publi- 
cations in  this  and  succeeding  periods.  Much  valuable  biblio- 
graphical material  is  to  be  found  in  periodicals,  particularly 
of  the  class  of  which  the  American  Historical  Magazine  and 
English  Historical  Magazine  are  types. 

SECTION    5.  —  FROM    THE    CONQUEST    TO    THE 
CHARTER 

ZCII 

BAYEUX  TAPESTRY.     Engraved  facsimile,  with  notes 
by  G.  C.  Bruce.     The  Society  of  Antiquaries. 

A  valuable  record  of  episodes  in  the  life  and  times  of 
William  the  Conqueror.  See  also  Carmen  de  Bella  Hastin- 
gensi,  Guy  of  Amiens;  text  in  No.  XXXII. 

XCIII 

EADMER'S   HISTORY:  Eadmeri  Monachi  Cantuariensis 
Historic  Novorum  sive  sui  sceculi  Libri  VI.  London,  1623. 

Authority  for  career  of  Lanfranc  and  Anselm.  Important 
for  reigns  of  first  two  Norman  kings. 

XCIV 

ORDERICUS  VITALIS'  ECCLESIASTICAL  HISTORY: 
Orderici   Vitalis   Angligencv,   cacnobii    Uticensis   monachi, 


32  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Historic  Ecclesiastics,  libri  XIII.  Ed.  Prevost.  Paris, 
1838.  Also  in  Nos.  LIV  and  LXIII  g.  Also  Vitalis'  His- 
toire  de  Normandic.  Text,  ed.  Guizot.  Paris,  1825-27. 
Eng.  Trans,  of  both  works,  T.  Forester.  London  (Bohn). 

Period  of  the  Conquest  and  the  early  Norman  Kings.  Ex- 
tremely valuable  for  relations  of  Normandy  and  England, 
Norman  history. 

xcv 

WILLIAM  OF  POITIERS'  LIFE  OF  WILLIAM  THE 
CONQUEROR :  Gcsta  Guillclmi  Ducis  Normannorum  et 
Regis  Anglorum,  a  Guilelmo  Pictavensi  Lexoviorum, 
Archidiacono  contemporaneo  scripta.  Text  in  No. 
LXIII  b,  and  No.  LIV,  vol.  149,  p.  1216. 

For  life  of  William  I.,  1036-1067.  There  are  several  other 
accounts  of  the  life  of  the  Conqueror.  See  Scriptorcs  Rerum 
gestarum  Wilhelmi  Conquestoris,  etc.,  ed.  J.  A.  Giles,  London, 
1845- 

(WILLIAM  OF  MALMESBURY'S  NEW  HISTORY.  Cf. 
preceding  section;  deals  with  period  1126-42.  It  favours 
the  cause  of  Matilda.  Translation.) 

XCVI 

LIFE  OF  KING  STEPHEN :  Gesta  Stephani  Regis  Anglo- 
rum  et  Ducis  Normannorum.  Author  unknown,  ed.  R. 
Hewlett.  Text  in  No.  XXXI,  also  in  No.  XXXVIII,  1846. 
Trans.,  T.  Forester.  London,  1853  (Bohn).  Bound  with 
Chronicle  of  Henry  of  Huntingdon. 

Of  limited  value. 

XCVII 

THE  HEXHAM  CHRONICLES :  Historia  Johannis  Prio- 
ris  Hagustaldensis  Ecclcsicc  XXV.  annorum.  Text  ed. 
R.  Hewlett.  No.  XXXI,  vol.  iii.  Historia  pice  memories 
Ricardi  Prioris  Hagustaldensis,  de  Gestis  Regis  Stephani 
et  de  Bella  Standardii.  Text  ed.  R.  Hewlett.  No.  XXXI, 
vol.  iii.  Translation  of  both  Chronicles  in  The  Church 
Historians  of  England,  vol.  iv,  pt.  i.  The  Chronicle  of 
Melrose  will  be  found  in  same  collection  of  translations. 

Reign  of  Stephen. 


SOURCES  ARRANGED  BY  EPOCHS  33 

XCVII 

WILLIAM  OF  NEWBURY:  Historia  a  Normannorum  in 
Angliam  ingressu  usque  ad  annum  1197.  Several  editions 
of  text,  among  them  that  of  Hearne,  Oxford,  1719.  Trans, 
in  Church  Historians  of  England,  vol.  iv,  pt.  2. 

Covers  1066-1198.    Especially  valuable  for  Reign  of  Henry 
II. 

XCIX 

BENEDICT  OF  PETERBOROUGH:  Benedictus  Abbas 
Petroburgensis  de  vita  et  gestis  Henrici  II  et  Ricardi  I., 
ed.  Hearne.  Oxford,  1735.  Trans,  and  ed.,  W.  Stubbs. 
No.  XXXI.  1867.  This  work  was  probably  written  by 
Richard  Fitz-Neal. 

"Indisputably  the  most  important  chronicle  of  the  time." 
The  preface  to  the  edition  by  Bishop  Stubbs  is  valuable. 

C 

ROGER  OF  HOVEDEN:  Rogeri  de  Hoveden  Annalium, 
pars  prior  et  posteriori.  Text  in  Nos.  LXIII  a;  XXIII; 
XXXI.  1868-71,  etc.  Trans.  H.  T.  Riley.  London,  1853 
(Bohn). 

Covers  period  from  732-1201.    From  1170-1201  it  is  of  the 
greatest  importance. 

CI 

RALPH  OF  DICETO:  Radulfi  de  Diceto  Decani  Londe- 
niensis  Opera  Historica,  ed.  W.  Stubbs  for  No.  XXXI, 
1876.  Text  also  in  No.  LXIII,  a,  b ;  also  No.  XVIII. 

Reigns  of  Hen.  II  and  Ric.  I.    Valuable. 

CII 

RICHARD  OF  DEVIZES:  Chronicon  Ricardi  Divisiensis 
de  Rebus  gestis  Ricardi  Primi,  Regis  Anglice,  ed.  J.  A. 
Giles.  No.  XXXVIII.  1841. 

Covers  period  1189-1192.     Supplements  preceding  works. 

cm 

GIRALDUS  CAMBRENSIS:  Topographia  Hibernia;  sive 
de  Mirabilibus  Hibernia  auctore  Silvestro  Geraldo  Cam- 
brense..  .Expugnatio  Hibernice,  sive  Historia  vaticinalis 


34  SOURCh  BOOK  OF  ENGLISH  HISTORY 

Silvestris  Giraldi  Cambrensis.  Iteriarium  Cambria;  Cam- 
bria Dcscriptio.  Texts  in  Nos.  XVIII,  XXXI,  etc.  Trans. 
T.  Forester,  R.  C.  Hoare.  T.  Wright.  London  (Bohn). 

Valuable  authority  in  fields  covered. 

CIV 

GLANVILL:  Tractates  de  Legibus  et  Consuctudinibus 
regni  Angliff,  tempore  Regis  Hcnrici  Secundi  compositus. 
Text  in  various  editions,  e.g.,  ed.  J.  Rayner,  London,  1780, 
and  in  No.  LXIV.  Trans.  J.  Beames.  London,  1812. 

The  first  book  on  English  Law. 
CV 

DIALOGUES  ON  THE  EXCHEQUER:  Dialogus  de  Scac- 
cario,  by  Richard,  Bishop  of  London.  Text  in  Madox's 
History  of  the  Exchequer;  Stubbs'  Constitutional  Docu- 
ments. 

"An  extraordinary  mass  of  information  on  every  important 
point  in  the  development  of  constitutional  principles  before 
the  great  Charter." 

CVI 

STATUTES  OF  THE  REALM  from  Original  Records  and 
Authentic  Manuscripts  Printed  by  Command  of  His  Ma- 
jesty King  George  the  Third.  London,  1810.  See 
XLVIII  Co. 

Begin  to  be  of  value  in  this  period. 
(THE  FCEDERA:  See  Treaties  No.  LXVIII/1.) 

SECTION    6.  --  FROM    THE    CHARTER    TO    THE 
REFORMATION 

CVII 

ROGER  OF  WENDOVER'S  FLOWERS  OF  HISTORY: 
Rogeri  de  Wendover  Chronica,  sive  Flores  Historiarum, 
ed.  H.  R.  Luard  in  No.  XXXI,  also  in  No.  LXIII  A. 
Trans.  J.  A.  Giles.  London,  1849  (Bohn). 

Source  for  period  of  Magna  Charta,  1214-1235. 

cvm 

MATTHEW  PARIS :  Matthcci  Parisiensis  Monachi  Sancti 
Albani,  Chronica  Majora,  ed.  H.  R.  Luard.  No.  XXXI. 


SOURCES  ARRANGED  BY  EPOCHS  35 

1872-80.  Matthai  Parisiensis  Historia  Anglorum,  sive,  ut 
vulgo  dicitur,  Historia  Minor,  ed.  F.  Madden.  No.  XXXI. 
1866-69.  Trans,  of  period  from  1235-73.  J.  A.  Giles. 
London,  1852.  From  1259  the  work  is  by  an  author  as  to 
whose  name  authorities  disagree.  . 

Continues  Roger  of  Wendover.     Source  for  1235-1273. 

CIX 

WILLIAM  RISHANGER'S  CHRONICLE:  Wilhelmi 
Rishanger  Chronica  et  Annales,  ed.  H.  T.  Riley.  No. 
XXXI.  Also  under  title  Continuatio  Matthcci  ab  anno 
1259  ad  usque  annum  1272  in  Watt's  adition  of  M.  Paris. 
See  also  De  Bellis  Lewes  et  Eversham,  or  the  Chronicle  of 
William  de  Rishanger  of  the  Baron's  Wars.  J.  O.  Halli- 
well  for  No.  XXVI.  1840.  Translation.  Continuation  in 
Matthew  of  Paris. 

Source  for  period  1259-1306. 

CX 

NICHOLAS  TRIVET'S  ANNALS:  Annales  sex  Regunt 
Anglia  qui  a  comilibus  Andegavensibus  originem  traxe- 
runt,  ed.  T.  Hog.  No.  XXXVIII.  1845. 

Contemporary  source  for  reign  of  Edward  I. 

CXI 

CHRONICA  MONASTERII,  S.  Albani,  ed.  H.  T.  Riley. 
No.  XXXI.  London,  1863-76. 

These  chronicles  contain  valuable  historical  material  of 
which  the  most  important  is  contained  in  Vol.  I,  Walsing- 
ham's  Historia  Anglicana,  1272-1422  (valuable  from  1377  to 
!395)  ;  II,  Rishanger's  Chronica  et  Annales,  1259-1307;  III, 
Trokelowe  and  Blaneforde,  Chr.  et  Ann.,  1259-1296,1307-1324, 
1392-1406;  IV,  Gesta  Abbatum,  793-1411. 

CXII 

MONASTIC  ANNALS:  Annales  Monastici,  ed.  H.  R. 
Luard.  No.  XXXI.  1864-69. 

Valuable  sources.  Covers  period  1004-1432.  Particularly 
refer  to  the  reigns  of  John,  Henry  III.,  and  Edward  I. 

CXIII 

WALTER  HEMINGFORD :  Chronica  Walteri  de  Heming- 
burg,  ed.  H.  C.  Hamilton.  No.  XXXVIII.  Text  also  in 
No.  LXIII  A ;  also  edition  by  Hearne,  Oxon.  1731. 


36  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Extends  from  1066  to  1346.  Extremely  valuable  for  last 
hundred  years,  covered  partly  by  Walter,  partly  by  other 
hands. 

CXIV 

CHRONICLES  OF  LONDON.  Various  chronicles;  con- 
sult No.  XXVI  for  1844,  1846,  1858;  also  No.  XXXI  for 
Munirncnta  Gildhallcc  Londonicnsis,  ed.  H.  T.  Riley. 

This  contains  laws,  regulations,  etc.,  as  well  as  city  trans- 
actions. Valuable  from  a  political,  economical,  and  social, 
as  well  as  legal  standpoint. 

cxv 

BRACTON:  DC  Lcgibus  ct  Consuetudinibus  Anglicc,  ed.  T. 

Twiss.     No.  XXXI.     1878-83.     Also  several  other  texts. 

Translation. 

Indispensable  for  law  of  the  thirteenth  century. 
CXVI 

BRACTON'S  NOTE  BOOK.  Ed.  by  T.  W.  Maitland. 
London,  1887. 

This  work  is  of  great  importance,  not  only  because  of  its 
being  the  first  book  on  "case-law,"  but  for  the  light  it  throws 
on  the  life  of  the  thirteenth  century. 

CXVII 

CORRESPONDENCE :  Royal  and  other  Historical  Letters 
illustrative  of  the  reign  of  Henry  III.,  ed.  W.  W.  Sherley. 
No.  XXXI.  1862-66.  Of  the  reign  of  Henry  IV.,  ed.  F. 
C.  Hingeston:  No.  XXXI.  1860.  Edward  IV.,  Richard 
III.,  and  Henry  VII.,  ed.  J.  Gairdner:  No.  XXXI. 

Letters  of  Bishop  Grossctcste,  illustrative  of  the  Social 
Condition  of  his  Time,  ed.  H.  R.  Luard :  No.  XXXI. 

Papal  Letters  are  in  several  editions.     See  No.  XXIV,  H,  I. 
CXVIII 

MONUMENTA  BRITANNICA  ex  Autographis  Romano- 
rum  Pontificum.  Covers  period  1216-1759;  e(l-  by  Marini. 

These  letters  are  extremely  valuable.  They  present  infor- 
mation not  elsewhere  obtainable. 

CXIX 

ROBERT  OF  AVESBURY:  Roberti  de  Avesbury,  Historia 
de  mirabilis  gestis  Edward  Tcrtii,  ed.  Hearne,  Oxon.  1720. 

Especially  good  for  relations  of  England  with  France  prior 
to  the  battle  of  Crecy. 


SOURCES  ARRANGED  BY  EPOCHS  37 

cxx 

HIGDEN'S  POLYCHRONICON :  Polychronicon  Ranulphi 
Higdeni,  ed.  C.  C.  Babington.  No.  XXXI.  Translation 
by  Trevisa,  ed.  by  Babington,  Churchill,  and  Lumby,  ac- 
companies text.  Text  also  in  No.  LXIII  d. 

Contemporary  source  for  first  half  of  the  fourteenth  cen- 
tury. 

CXXI 

CAPGRAVE'S  CHRONICLE:  The  Chronicle  of  England 

from  the  Creation  to  1417,  by  John  Cap  grave,  ed.  F.  C. 

Hingeston.     No.  XXXI.     1858. 

Very  valuable  for  period  1328-1388. 

CXXII 

THE  BOOK  OF  THE  NOBLE  HENRYS :  Johannis  Cap- 
grave  Liber  de  Illustribus  Henricis,  ed.  F.  C.  Hingeston. 
No.  XXXI.  1858.  Translation  by  same  ed. 

The  work  is  valuable  for  its  later  portion  only. 

cxxm 

ADAM  OF  USK'S  CHRONICLE:  Chronicon  Ada;  de  Usk 
ed.  with  Translation  by  E.  M.  Thompson.  London,  1876. 

Serviceable  for  1377-1404. 

CXXIV 

THOMAS  ELMHAM'S  LIFE  OF  HENRY  V. :  Thome  de 
Elmham  Vita  et  Gesta  Henrici  Quinti,  Anglorum  Regis,  ed. 
T.  Hearne.  1732.  Also  in  No.  XXXI.  For  other  lives 
consult  No.  XXXVIII,  1846,  also  Titi  Livii  Foro-Juliensis, 
Vita  Henrici  Quinti,  Regis  Angliee,  ed.  by  Hearne.  1716. 

Of  some  value  for  period. 

cxxv 

THE  CONCORDANCE  OF  HISTORIES:  The  New 
Chronicle  of  England  and  France,  in  two  parts,  by  Robert 
Fabyan,  ed.  H.  Ellis.  1811. 

Valuable  for  history  of  London  during  War  of  the  Roses. 
CXXVI 
JOHN  AMUNDESHAM'S  ANNALS :  Johannis  Amundes- 

ham,  Monachi  Monasterii  S.  Albani,  ut  videtur,  Annales, 

ed.  Riley  in  No.  XXXI. 

For  period  1421-1440. 


38  SOURCE-BOOK  OF  ENGLISH  HISTORY 

CXXVII 

JOHN     WHETHAMSTEDE'S     REGISTER:     Registrum 

Abbaticc    Johannis     IVhcthamstcde,     Abbatis     Monasterii 
Sancti  Albani,  iterum  susceptcc,  ed.  Riley  in  No.  XXXI. 

1452-1461.    The  time  of  the  War  of  the  Roses. 
CXXVIII 

Letters  and  Papers  illustrative  of  the  Wars  of  the  English 
in  France  during  the  Reign  of  Henry  VI,  eel.  J.  Stevenson. 
No.  XXXI.  1861,  1864.  This  collection  includes  the  An- 
nals and  Collections  of  William  of  Worcester,  the  Chron- 
icle of  Jean  le  Bel ;  the  collection  is  continued  by  the  same 
editor  in  Narratives  of  the  Expulsion  of  the  English  from 
Normandy.  1449-50.  No.  XXXI.  1863. 

Valuable  source.  —  The  French  text  is  translated. 
CXXIX 

FROISSART'S  CHRONICLES:  Chroniques,  qui  traitent 
des  merveilleuses  emprises  .  - .  en  France,  Anglcterrc,  Bre- 
taigne,  Burgognc,  Escossc,  Espagnc,  Portingal  ct  cs 
Autres  Parties,  ed.  J.  A.  C.  Buchon.  Paris,  1835.  Many 
translations  and  editions. 

Most  interesting.     Covers  period   1326-1400. 

cxxx 

MONSTRELET'S  NARRATIVES:  Chroniques  d'Enguer- 
rand  de  Monstrelct,  ed.  J.  A.  Buchon.  Paris,  1826.  Sev- 
eral translations,  one  by  T.  Johnes.  London,  1849  (Bohn). 

Begins  where  Froissart  ends.     Terminates  1467. 
See  also  Robert  Blondel  in  No.  XXXI,  1863. 

CXXXI 

HISTORIE  OF  THE  ARRIVAL  OF  EDWARD  IV.  in 
England  and  the  Finall  Rccoucryc  of  his  Kingdomes  from 
Henry  VI.,  ed.  J.  Bruce.  No.  XXVI.  1838. 

Valuable    contemporary    account. 

CXXXII 

PASTON  LETTERS.  Ed.  by  J.  Gairdner.  1872-75.  Other 
editions. 

1422-1509.  Light  on  social  life  of  period.  Overrated 
source.  The  prefaces  of  the  editor  are  more  valuable  than 
the  sources. 


SOURCES  ARRANGED  BY  EPOCHS  39 

CXXXIII 

CONTINUATION  OF  THE  CROYLAND  CHRONICLE : 
Petri  Blesensis  continuatio  ad  Historiam  Ingulphi.  Gale, 
Fell  and  Fulman's  Scriptures;  also  elsewhere.  Transla- 
tions. H.  T.  Riley.  London,  1854  (Bohn). 

Important  for  reign  of  Edward  IV.    Not  to  be  confounded 
with  the  Ingufian  forgery. 

CXXXIV 

PECOCKS  REPRESSOR:  The  Represser  of  over  much 
Blaming  of  the  Clergy,  ed.  C.  Babington.  No.  XXXI. 
1860. 

This  work  indicates  the  theological  movement  of  the  fif- 
teenth century. 

cxxxv 

LITTLE  BUNDLE  OF  TARES:  Fasciculi  Zisaniorum 
Magistri  Johannis  Wyclif  cum  Tutico,  ascribed  to  T. 
Netter;  ed.  W.  W.  Shirley.  No.  XXXI.  1858. 

The    contemporary    account    of    the    rise    of    Lollardy. 
Strongly  anti-Lollard. 

CXXXVI 

WYCLIF'S  WORKS.  These  have  appeared  in  many  edi- 
tions and  by  various  editors.  Among  them,  Select  English 
Works,  ed.  T.  Arnold.  1871.  The  English  Works  of 
Wyclif  hitherto  unprinted,  ed.  F.  D.  Matthew.  No. 
XXXVII.  1880. 

CXXXVII 

MORE'S  EDWARD  V  AND  RICHARD  III:  Historie  of 
the  pitifull  life  and  unfortunate  death  of  Edward  the  Fifth. 
Also,  The  History  of  Richard  the  Third.  In  various  edi- 
tions; also  in  Kennett's  Complete  History  of  England. 
London,  1719. 

Considered  by  S.  R.  Gardiner  as  a  contemporaneous  ac- 
count. 

CXXXVIII 

Grants,  etc.  From  the  Crown  during  the  Reign  of  Edward 
The  Fifth  from  the  Original  Docket-Book  and  Two 
Speeches  for  Opening  Parliament,  ed.  J.  G.  Nichols.  1854. 

Of  some  value  for  a  period  not  well  illustrated. 


40  SOURCE-BOOK  OF  ENGLISH  HISTORY 

SECTION  7.  — THE   TUDOR   PERIOD 

CXXXIX 

MATERIALS  FOR  A  HISTORY  OF  THE  REIGN  OF 
HENRY  VII.,  ed.  W-.  Campbell.  No.  XXXI.  1873,  1877. 

From  original  documents.  Furnishes  valuable  material  for 
the  study  of  the  reign. 

CXL 

POLYDORE  VIRGIL:  Polydori  Vcrgilii  Urbinatis  Angli- 
ccc  Histori  Libri  Vigintiseptem.  Basel,  1534.  Also  in 
No.  XXVI.  Translation,  first  VIII  books,  in  No.  XXVI. 

Very  high  authority  from  the  time  of  Henry  VI.,  where 
contemporay  record  becomes  scanty.  Somewhat  biassed, 
violently  opposed  to  Wolsey,  but  otherwise  accurate.  Should 
be  read  in  connection  with  No.  CXLVIII. 

CXLI 

BERNARD  ANDRE:  Historia  Regis  Hcnrici  Septimi  a 
Bernardo  Andrea  Tholosate  conscripta,  necnon  alia  quon- 
dam ad  cundcm  regem  spectantia,  ed.  J.  Gairdner.  No. 
XXXI.  1858. 

Best  contemporary  record  of  reign  of  Henry  VII.  It  is  to 
be  found  in  Memorials  of  Henry  VII,  ed.  J.  Gairdner.  No. 
XXXI,  1847.  This  work  contains  other  valuable  material. 

CXLII 

VENETIAN  RELATION:  A  Relation,  or  rather  a  true 
account,  of  the  Isle  of  England;  with  sundry  particulars 
of  the  customs  of  these  People  and  of  the  Royal  Revenues 
under  Kng  Henry  the  Seventh  about  the  year  1500.  Trans- 
lation. No.  XXVI.  1847. 

Political,  commercial,  financial  data  of  reign  of  Hen.  VII. 

CXLIII 

STATE  PAPERS  OF  THE  TUDOR  PERIOD.  The  col- 
lection of  manuscripts  is  extremely  large.  It  has  been  in- 
dexed and  epitomized  in  the  various  Calendars  which  have 
been  issued  by  the  Record  Commission  under  the  following 
title :  Calendar  of  Letters  and  Papers,  Foreign  and  Do- 
mestic, of  the  Reign  of  Henry  VIII. ;  Calendar  of  State 
Papers,  Domestic  Series,  of  the  Reigns  of  Edward  VI., 
Mary,  Elisabeth,  and  James  I.;  Calendar  of  State  Papers, 


SOURCES  ARRANGED  BY  EPOCHS  41 

Foreign  Series,  of  the  Reign  of  Edward  VI.;  Calendar  of 
State  Papers,  Foreign  Series,  of  the  Reign  of  Mary ;  Calen- 
dar of  State  Papers,  Foreign  Series,  of  the  Reign  of  Eliza- 
beth; Calendar  of  State  Papers  and  Manuscripts  relating 
to  English  Affairs  preserved  in  the  Archives  of  Venice 
and  other  Libraries  of  Northern  Italy,  1202-1501;  Calendar 
of  Letters,  Despatches  and  State  Papers  dealing  with  the 
Negotiations  between  England  and  Spain,  preserved  in  the 
Archives  of  Simancas  and  elsewhere,  1485-1543.  Selec- 
tions from  the  State  Papers  of  Henry  VIII.  have  been 
issued  by  the  Record  Commission  under  the  following 
titles :  Domestic  Correspondence ;  Correspondence  Relating 
to  Ireland;  Correspondence  Relating  to  Scotland;  Cor- 
respondence between  England  and  other  Courts.  See  No. 
XXV. 

CXLIV 

HARPSFIELD'S  TREATISE:  The  Pretended  Divorce  be- 
tween Henry  VIII.  and  Catharine  of  Aragon,  by  Nicholas 
Par ps field.  No.  XXVI,  1878,  ed.  N.  Pococke. 

Written   from  the   Catholic  point  of  view.     Consult  also 
Reginald  Pole's  treatise  de  Unitate  Ecclesia. 

CXLV 

RECORD  OF  THE  REFORMATION.  Oxford,  1870,  ed. 
by  N.  Pococke. 

Valuable  material  for  period  1527-1533. 

CXLVI 

MORE'S  UTOPIA:  A  truteful  and  pleasaunt  worke  of  the 
beste  State  of  a  publyque  weale,  and  of  the  newe  yle  called 
Utopia:  Written  in  Latine  by  Syr  Thomas  More  Knyght, 
and  translated  into  Englyshe  by  Ralphe  Robynson  Citizein 
and  Goldsmythe  of  London,  at  the  procurement  and  earnest 
request  of  George  Tadlowe  Citizein  and  Haberdassher  of 
the  same  city.  London,  1551.  Arbers'  English  Reprints 
1869,  also  other  editions. 

Social  and  political  evils  and  abuses  of  first  half  of  the 
sixteenth  century. 

CXLVII 

STARKEY'S  ENGLAND  in  the  reign  of  King  Henry  the 
Eighth,  ed.  S.  J.  Herrtage.  No.  XXXVII.  1878. 

Social  and  political  evils  and  abuses  of  the  sixteenth  cen- 
tury.. 


42  SOURCE-BOOK  OF  ENGLISH  HISTORY. 

CXLVIII 

HALL'S  CHRONICLE:  Containing  the  History  of  England 
during  the  Reign  of  Henry  the  Fourth  and  the  succeeding 
Monarchs  to  the  End  of  the  Reign  of  Henry  the  Eighth,  in 
which  are  particularly  described  the  Manners  and  Customs 
of  these  Periods.  Various  editions.  1548,  1550,  1809. 

Should  be  considered  with  the  work  of  Polydore  Virgil, 
upon  which  it  is  very  largely  based.  Virgil  is  bitterly  op- 
posed to  Woolsey  and  his  partisans ;  Hall  flatters  them. 
These  books  well  illustrate  the  opposing  parties  of  the  reign 
of  Henry  VIII.  for  which  period  they  are  contemporary 
sources. 

CXLIX 

HOLINSHED'S  CHRONICLES  of  England,  Scotland  and 
Ireland.  Various  edits.  First  in  1557,  1586. 

Various  Chronicles.  Valuable  sources.  Last  edition 
brings  record  to  1586.  First  edition  contains  passages  sup- 
pressed in  succeeding  editions  but  printed  separately  in  1723. 

C 

STOW,  JOHN 

(a)  A  Summarie  of  the  Chronicles  of  England  dili- 
gently collected,  abridged,  and  continued  unto  this  present 
year  of  Christ  1604.  London,  1604. 

(fr)  Annales  or  a  Gcncrall  Chronicle  of  England.  Be- 
gun by  John  Stow:  Continued  and  augmented  with  mat- 
ters Foreign  and  Domestique,  Ancient  and  Moderne,  unto 
the  end  of  this  present  ycere,  1631.  By  Edmund  Howes, 
Gent.  London,  1631. 

(c)  A  Survey  of  the  Cities  of  London  and  Westminister 
and  the  Burough  of  Southwark.  Containing  the  Original, 
Antiquity,  Increase,  present  State  and  Government  of  those 
Cities.  Written  at  first  in  the  Year  1598  by  John  Stow, 
Citizen  and  Native  of  London.  Corrected,  improved,  and 
very  much  enlarged  in  the  Year  1720  by  John  Strype, 
M.  O.  A  native  also  of  the  said  City.  The  Survey  and 
History  brought  down  to  the  present  time  by  careful  hands. 
With  an  appendix.  London,  1754.  Several  other  edits. 

These  works  of  Stow  are  extremely  valuable.  Stow  was 
unbiassed,  well  informed,  and  accurate  in  description. 


SOURCES  ARRANGED  BY  EPOCHS       43 

CLI 

FOXE'S  BOOK  OF  MARTYRS :  History  of  the  Acts  and 
Monuments  of  the  Church,  by  John  Foxe.  Many  editions, 
among  them  that  edited  by  J.  Cummings.  London,  1861. 

Covers  Reformation  period  to  1559.  Although  strongly 
anti-Catholic,  the  history  is  valuable  as  a  source. 

CLII 

ZURICH  LETTERS.     Ed.  by  H.  Robinson.     No.  LVII. 

Vol.  I  contains  from  the  Reformation  to  1557;  II,  1558- 
1579;  III,  1558-1602.  These  letters  have  as  their  originals 
the  Epistolce  Tigurince,  so  often  cited  by  Froude. 

CLIII 

CHRONICLES  OF  THE  GREY  FRIARS  OF  LONDON. 
Ed.  J.  G.  Nichols.  No.  XXVI.  1852. 

Valuable  as  source  for  religious  tendencies  of  time. 
CLIV 

THREE  CHAPTERS  OF  LETTERS  relating  to  the  Sup- 
pression of  the  Monasteries.  Edited  from  the  Originals 
in  the  British  Museum.  Ed.  T.  Wright.  No.  XXVI. 
1843- 

These  letters  possess  interest  as  a  contemporary  private 
description  of  the  suppression  of  the  monasteries. 

CLV 

NARRATIVES  OF  THE  DAYS  OF  THE  REFORMA- 
TION, chiefly  from  the  manuscripts  of  John  Foxe   the 
Martyrologist,    with    two    contemporary    biographies    of 
Archbishop  Cranmer,  ed.  J.  G.  Nichols.     No.  XXVI.    1859. 
Interesting  and  occasionally  valuable. 

CLVI 

LITERARY    REMAINS    OF    KING    EDWARD    THE 

SIXTH,  edited  from  his  Autograph  Manuscripts,  with 
historical  notes  and  a  biographical  memoir,  by  J.  G. 
Nichols.  Roxburghe  Club.  1857. 

Especially  interesting  as  containing  the  private  journal  of 
the  young  king. 

BIOGRAPHIES.  For  this  period  there^  are  a  number  of 
valuable  contemporary  biographies  of  the  principal  per- 
sons of  the  day,  notably  of  More,  Wolsey,  Carew,  Eliza- 
beth. Consult  catalogues  under  surname  of  person  whose 
biography  is  desired. 


44         SOURCE-BOOK  OF  ENGLISH  HISTORY 

CLVH 

THE  CHRONICLE  OF  QUEEN  JANE  and  of  Two  Years 
of  Queen  Mary,  and  especially  of  the  Rebellion  of  Sir 
Thomas  Wyat,  written  by  a  resident  in  the  Tower  of 
London,  edited  with  illustrative  documents  and  notes  by 
J.  G.  Nichols.  No.  XXVI.  1850. 

The  Authority  for  the  days  of  "Jane  the  Queen." 

CLVIII 

THE  HISTORY  OF  THE  KIRK  OF  SCOTLAND  by  Mr. 
David  Caldcrwood  some  time  minister  of  Crailing,  edited 
from  the  original  manuscript  preserved  in  the  British 
Museum  by  T.  Thomson.  The  Wodrow  Society.  Edin- 
burgh, 1842-1849.  Various  editions. 

Covers  period  1514-1625.     Strongly  anti-episcopal.     Whole 
work  tinged  with  prejudice. 

CLIX 

HISTORY  OF  THE  CHURCH  OF  SCOTLAND,  begin- 
ning the  Year  of  Our  Lord  203  and  continued  to  the  end 
of  the  reign  of  King  James  VI.  By  the  Right  Rev.  John 
Spottisivoode,  Archbishop  of  St.  Andrew,  and  Lord  Chan- 
cellor of  Scotland,  ed.  M.  Russell.  Spottiswoode  Society. 
Edinburgh,  1847. 

From  beginning  of   I4th  century  it  is  most  valuable  as  a 
source.     It  is  moderate  and  fair  in  tone. 

CLX 

HARDWICKE  PAPERS:  Miscellaneous  State  Papers,  ed. 
by  Earl  of  Hardwicke.  From  1507  to  1726.  London,  1778. 

These  papers  are  of  great  interest  and  value.     In  matters 
political  they  give  a  side  light  of  great  service  to  the  student. 

CLXI 

THE  COMPLEAT  AMBASSADOR,  or  two  Treaties  of 
the  intended  marriage  of  Queen  Elizabeth  of  Glorious 
Memory;  comprised  in  Letters  of  Negotiation  of  Sir 
Francis  Walsingham,  her  Resident  in  France.  Together 
with  the  Answers  of  the  Lord  Burleigh,  the  Earl  of 
Leicester,  Sir  Tho.  Smith,  and  others.  Wherein,  as  in 
a  clear  Mirror,  may  be  seen  the  Faces  of  the  two  Courts 
of  England  and  France,  as  they  then  stood,  with  many  re- 
markable passages  of  State,  not  at  all  mentioned  in  any  his- 


SOURCES  ARRANGED  BY  EPOCHS  45 

tory.  Faithfully  Collected  by  the  truly  Honourable  Sir 
Dudley  Deggs,  Knight,  late  Master  of  the  Roll.  London, 
1655- 

Valuable  as  giving  the  personal  expressions  of  some  of  the 
greatest  men  of  the  time. 

CLXII 

CABALA  SIVE  SCRINIA  SACRA:  Mysteries  of  State  and 
Government,  in  Letters  of  Illustrious  Persons,  and  Great 
Ministers  of  State,  as  well  Foreign  as  Domestick,  in  the 
Reigns  of  King  Henry  the  Eighth,  Queen  Elizabeth,  King 
James,  and  King  Charles.  Wherein  such  secrets  of  Em- 
pire, and  Publick  Affairs  as  were  then  in  Agitation  are 
clearly  Represented;  and  many  remarkable  Passages  faith- 
fully collected.  To  which  is  added  in  this  Third  Collection, 
a  Second  Part,  consisting  of  a  choice  collection  of  Original 
Letters  and  Negotiations,  never  before  published.  London, 
1691. 

An  interesting  collection  of  correspondence. 

CLXIII 

THE  SOMERS  TRACTS :  A  Collection  of  Scarce  and  Valu- 
able Tracts,  on  the  most  Interesting  and  Entertaining  Sub- 
jects; but  chiefly  such  as  relate  to  the  History  and  Con- 
stitution of  these  Kingdoms.  Selected  from  an  infinite 
number  in  Print  and  Manuscript,  in  the  Royal,  Cotton, 
Sion,  and  other  Public  as  well  as  Private  Libraries,  par- 
ticularly that  of  the  Late  Lord  Somers.  The  Second  Edi- 
tion Revised,  Augmented,  and  Arranged,  by  Walter  Scott. 
London,  1809. 

Principally   valuable    for   the    seventeenth    century.    Very 
extensive. 

CLXIV 

D'EWES  JOURNALS  of  the  Elizabethan  Parliaments: 
The  Journals  of  all  the  Parliaments  during  the  reign  of 
Queen  Elizabeth,  both  of  the  House  of  Lords  and  House 
of  Commons.  Collected  by  Sir  Simons  D'Ewes  of  Stow- 
Hall  in  the  Country  of  Suffolk,  Knight  and  Baronet.  Re- 
vised and  Published  by  Paul  Botves,  of  the  Middle  Temple 
London,  Esq.  London,  1682. 

Interesting  and  valuable.    Incorporated  in   Cobbett    (No. 
XXX). 


46  SOURCE-BOOK  OP  ENGLISH  HISTORY. 

CLXV 

TOWNSHEND'S  HISTORICAL  COLLECTIONS:  His- 
torical Collections:  An  Exact  Account  of  the  Proceedings 
of  the  Four  Last  Parliaments  of  Queen  Elisabeth  of  Fa- 
mous Memory.  Wherein  is  contained  the  Compleat  Jour- 
nals both  of  the  Lords  and  Commons,  Taken  from  the 
Original  Records  of  their  Houses,  as  also  the  more  par- 
ticular Behaviours  of  the  Worthy  Members  during  all 
the  last  notable  Sessions;  comprehending  the  Motions, 
Speeches,  and  Arguments  of  the  Renowned  and  Learned 
Secretary  Cecill,  Sir  Francis  Bacon,  Sir  Walter  Rawleigh, 
Sir  Edw.  Hobby,  and  divers  other  eminent  Gentlemen. 
Together  with  the  most  considerable  Passages  of  the  His- 
tory of  those  times  Faithfully  and  Laboriously  collected, 
by  Heywood  Townshend  Esq.,  a  Member  in  those  Parlia- 
ments. The  like  never  Extant  before.  London,  1680. 

Exhaustive  account  of  proceedings  of  parliaments  named 
in  title. 

CLXVI 

BURLEIGH  PAPERS:  (A)  A  Collection  of  State  Papers 
Relating  to  Affairs  in  the  reigns  of  King  Henry  VIII., 
King  Edward  VI.,  Queen  Mary  and  Queen  Elisabeth, 
From  the  Year  1542  to  1570.  Transcribed  from  Original 
Letters  and  other  Authcntick  Memorials,  Never  before 
published,  Left  by  William  Cecill  Lord  Burghley,  and  now 
remaining  at  Hatfield  House,  in  the  Library  of  the  Right 
Honourable  the  present  Earl  of  Salesbury,  by  Samuel 
Haynes,  A.  M.  Rector  of  Hatfield  in  Hertfordshire. 
London,  1740.  (B)  A  Collection  of  State  Papers  Relating 
to  Affairs  in  the  reign  of  Queen  Elisabeth  from  the  year 
/57/  to  1596.  Transcribed  from  Original  Papers  and  other 
Authentic  Memorials  never  before  published,  left  by  Wil- 
liam Cecil  Lord  Burghley  and  Re  posited  in  the  Library 
at  Hatfield  House.  By  William  Murdin,  B.  D.  Rector 
of  Morrow  and  Vicar  of  Shalford  in  Surrey.  London, 
1759- 

Valuable  for  period  1542-1596. 

CLXVII 

GRANVELLE  PAPERS:  (A)  Papiers  d'Etat  du  Cardinal 
de  Granvelle  d'apres  les  manuscrits  de  la  Bibliotheque  de 
Besanqon,  ed.  C.  Weiss.  Paris,  1841.  (B)  Correspon- 


SOURCES  ARRANGED  BY  EPOCHS  47 

dance  du  Cardinal  de  Granvelle,  1565  to  1586,  by  various 
editors,  in  Documents  inedits  sur  VHistoire  de  France. 
1877-1894.  Bruxelles. 

Very  important  source  for  foreign  relations  during  six- 
teenth century. 

CLXVIII 

THE  FRENCH  DISPATCHES:  (A)  Inventaire  Chrono- 
logique  des  Documents  Relatifs  a  VHistoire  d'Ecosse,  ed. 
J.  B.  A.  T.  Teulet.  Abbottsford  Club.  Edinburgh,  1839. 
(B)  Relations  Politiques  de  la  France  et  de  VEspagne  avec 
VEcosse  au  XVI  Siecle,  ed.  A.  Teulet.  Paris,  1862.  Other 
editions. 

Valuable  for  accounts  of  negotiations  between  France  and 
Scotland. 

CLXIX 

THE  NOAILLES  DISPATCHES:  Ambassades  de  Mes- 
sieurs de  Noailles  en  Angleterre,  Vertot.  Leyden,  1763. 

Contain  accounts  of  plots  against  Queen  Mary. 

CLXX 

LETTRES,  INSTRUCTIONS  ET  MEMOIRES  DE 
MARIE  STUART,  Reine  d'Ecosse;  publie  sur  les  origi- 
naux  et  les  manuscrits  du  State  Paper  office  de  Londres 
et  des  Principales  Archives  et  Bibliotheques  de  I'Europe, 
et  accompagnees  d'un  resume  chronologique  par  le  Prince 
Alexandre  Labanoff.  London,  1844.  There  are  many 
editions  of  the  letters  of  Mary  Queen  of  Scots.  Also  sev- 
eral collections  of  historical  materials. 

Throw  much  light  on  the  character  of  the  Queen  of  Scots. 

CLXXI 

MEMOIRS  OF  MISSIONARY  PRIESTS,  as  well  secular 
as  regular,  and  of  other  Catholics,  of  both  Sexes,  that  have 
suffered  death  in  England  on  Religious  accounts  from  the 
year  of  Our  Lord  1577  to  1684,  by  R.  Challoner.  First  pub. 
1741.  Reprint,  1878,  Edinburgh. 

This,  and  the  work  that  follows,  should  be  read  in  con- 
nection with  Foxe's  Book  of  Martyrs.  Persecution  and 
death  was  not  the  lot  of  one  sect  alone  in  the  years  of  the 
Tudor  Dynasty. 


48  SOURCE-BOOK  OF  ENGLISH  HISTORY 

CLXXII 

RECORDS  OF  THE  ENGLISH  PROVINCE  OF  THE 

SOCIETY  OF  JESUS:  Historic  Facts  illustrative  of  the 

Labours  and  Sufferings  of  its  Members  in  the  Sixteenth 

and  Seventeenth  Centuries,  ed.  H.  Foley.      London,  1877. 

The  Jesuit  view  of  the  religious  persecutions. 

CLXXIII 

THE  TROUBLES  OF  OUR  CATHOLIC  FORE- 
FATHERS, related  by  themselves,  ed.  J.  Morris.  Lon- 
don, 1872. 

Setting  forth  the  sufferings  of  the  Catholics  in  Protestant 
England. 

CLXXIV 

WINWOOD'S  MEMORIALS:  Memorials  of  Affairs  of 
State  in  the  Reigns  of  Queen  Elizabeth  and  K.  James  I. 
Collected  (chiefly)  from  the  Original  Papers  of  the  Right 
Honourable  Sir  Ralph  Winwood,  Kt.  Sometime  one 
of  the  Principal  Secretaries  of  State.  Comprehending 
likewise  the  negotiations ...  a/  the  Courts  of  France  and 
Spain  and  in  Holland,  Venice,  etc.,  ed.  E.  Sawyer.  1725. 
Chiefly  valuable  upon  foreign  relations,  1596-1613. 

CLXXV 

SELECT  STATUTES  AND  OTHER  CONSTITUTION- 
AL DOCUMENTS,  illustrative  of  the  Reigns  of  Eliza- 
beth and  James  I.,  ed.  G.  W.  Prothero.  Oxford,  1894. 

The  best  handy  collection  for  the  period  covered.  Profes- 
sor Prothero  has  in  preparation  a  like  volume  devoted  to 
the  early  Tudor  Period. 

CLXXVI 

HARRISON'S  DESCRIPTION  OF  ENGLAND.  See 
Holingsheds  Chronicle,  A.D.  1577-87.  Also  Reprint  ed. 
J.  J.  Furnival  in  New  Shakspere  Soc.  Pubs. 

Excellent  description  of  condition  of  English  people  in 
latter  part  of  sixteenth  century. 

CLXXVII 

PHILLIP  STUBBE'S  Anatomy  of  the  Abuses  in  England 
in  Shakspere' s  Youth.  A.D.  1583.  Reprint  ed.  by  F.  J. 
Furnival  in  N.  S.  Soc.  Pubs. 

An  interesting  arraignment  of  the  sins  of  the  time,  1583  to 
1595- 


SOURCES  ARRANGED  BY  EPOCHS  49 

CLXXVIII 

WILLIAM  STAFFORD'S  Compendious  or  briefe  Examina- 
tion of  certayne  ordinary  Complaints  of  divers  of  our 
countrymen  in  these  our  dayes.  A.D.  1549,  ed.  Elizabeth 
Lamoud.  Cambridge,  1893. 

Deals  with  status  of  trade  and  agriculture.  Important 
source.  Has  caused  revision  of  various  economic  theories. 

SECTIONS.— THE  STUGGLE  FOR  CONSTITUTIONAL 
GOVERNMENT 

CLXXIX 

CALENDARS  OF  STATE  PAPERS. 

Furnish  much  valuable  information.  Have  been  issued 
of  many  of  the  public  documents  for  the  reigns  of  James  I., 
Charles  I.,  and  Charles  II.,  as  well  as  for  the  period  of  the 
Commonwealth.  Period  of  James  II.  in  preparation.  The 
student  should  keep  himself  informed  regarding  late  publica- 
tions of  this  series. 

CLXXX 

RENNET'S  Complete  History  of  England;  vol.  v,  Camden's 
Annals  of  King  James  I.;  vol.  vi,  Wilson's  History  of 
King  James  I.  Second  ed.,  London,  1719. 

A  well  edited  and  impartial  collection.  Covers  period 
from  earliest  Britain  to  death  of  William  III.  Made  up  of 
monographs  upon  various  reigns.  Most  of  the  histories  in- 
cluded are  of  considerable  value.  Those  after  vol.  IV  are 
most  useful. 

CLXXXI 

COURT  OF  KING  JAMES  THE  FIRST,  by  Dr.  Godfrey 
Goodman,  Bishop  of  Gloucester;  to  which  are  added, 
Letters  illustrative  of  the  personal  history  of  the  most  dis- 
tinguished characters  in  the  Court  of  that  monarch  and 
his  predecessors,  ed.  J.  S.  Brewer.  London,  1839. 

Written  from  a  royalist  standpoint.  To  be  read  in  con- 
nection with  works  of  Puritan  authors,  and  balance  struck. 

CLXXXII 

STATE  PAPERS,  and  Miscellaneous  Correspondence  of 
Thomas,  Earl  of  Melrose,  ed.  for  No.  XV  by  John  Hope. 
Edinburgh,  1837. 

Covers  period  1599-1625. 


50  SOURCE-BOOK  OF  ENGLISH  HISTORY 

CLXXXII 

LETTERS  from  George  Lord  Carew  to  Sir  Thomas  Roe, 
Ambassador  to  the  Count  of  the  Great  Mogul,  1615-1617, 
ed.  J.  Maclean.  No.  XXVI.  1860. 

General  summary  and  comment  of  events  occurring  1615  to 
1617. 

CLXXXIV 

THE  HISTORY  OF  THE  REBELLION  AND  CIVIL 
WARS  IN  ENGLAND,  to  which  is  now  added  an  his- 
torical Z'icw  of  the  affairs  of  Inland  by  Edzvard  Earl  of 
Clarendon  (1625-1660).  Oxford,  1842.  See  also  State 
Papers  collected  by  Edward,  Earl  of  Clarendon,  Commen- 
cing from  the  year  MDCXXI.  Containing  the  materials 
from  which  his  history  of  the  Great  Rebellion  was  com- 
posed, and  the  authorities  on  which  the  truth  of  his  rela- 
tion is  founded.  Oxford,  1767.  See  also  Calendar  of  the 
Clarendon  State  Papers  preserved  in  the  Bodleian  Library. 
1623-57.  Oxford,  1872-76. 

Principally  devoted  to  period  1641-1660.     Royalist  in  bias. 
Important  source. 

CLXXXV 

MEMORIALS  AND  LETTERS  relating  to  the  History  of 
Britain,  (A)  in  the  reign  of  James  the  First,  2d  ed.,  1756. 
(B)  in  the  reign  of  Charles  the  First.  Published  from  the 
originals.  The  second  edition  corrected  and  enlarged  by 
Sir  David  Dalrymple,  Lord  Hailes.  Glasgow,  1766. 

Anti-royalist.     Compare  with  No.  CLXXXI. 

CLXXXVI 

PROCEEDINGS  IN  PARLIAMENT:  Parliamentary  De- 
bates. 1610,  ed.  S.  R.  Gardiner.  No.  XXVI,  1862.  Pro- 
ceedings and  Debates.  1620-21  ;  in  Parliamentary  His- 
tory, vol.  V.  London,  1763.  Notes  of  Debates.  1621,  ed. 
S.  R.  Gardiner.  No.  XXVI.  1870.  1624-26,  same  ed. 
No.  XXVI.  1879.  1625,  same  ed.  No.  XXVI.  1874; 
1618-29.  Rush-worth  Collections.  London,  1659;  Somcrs 
Tracts  supra;  Protests  of  the  Lords.  1624-1874,  ed.  J.  T. 
Rogers.  Oxford,  1875.  See  also  edit,  of  London,  1767. 
1640-53.  The  History  of  the  Parliament  of  England 
which  began  Nov.  3,  1640;  T.  May.  Oxford,  1854.  Notes 


SOURCES  ARRANGED  BY  EPOCHS  51 

of  Proceedings  in  the  Long  Parliament,  temp.  Charles  I., 
by  Ralph  Verney,  ed.  J.  Bruce.  No.  XXVI.  1845.  A 
Collection  of  acts  and  ordinances  of  General  Use,  etc.,  by 
H.  Scobell.  London,  1658. 

See  also  No.  XXX  and  No.  LXII. 
CLXXXVII 

VERNEY  PAPERS:  Letters  and  Papers  of  The  Verney 
Family  down  to  the  end  of  the  year  1630.  Printed  from 
the  original  MSS.  in  the  possession  of  Sir  Harry  Vcrncy, 
Bart.,  ed.  J.  Bruce.  No.  XXVI.  1851. 

This  volume  is  one  of  a  number  devoted  to  the  period  of 
the  Puritan  Revolution  and  published  in  No.  XXVI,  the 
catalogue  of  which  should  be  consulted. 

CLXXXVIII 

WALKER'S  DISCOURSES:  Historical  Discourses  upon 
Several  Occasions  . . .  by  Sir  Edward  Walker.  London, 
I705- 

Mainly  valuable  for  negotiations  between  Charles  I.  and 
Parliament,  in  1648,  in  Isle  of  Wight. 

CLXXXIX 

ENGLAND'S  RECOVERY:  Anglia  Rediviva;  England's 
Recovery,  being  the  History  of  the  motions,  actions  and 
successes  of  the  army  under  the  immediate  conduct  of  his 
excellency  Sir  Thomas  Fairfax,  ed.  J.  Sprigg.  New  edit. 
Oxford,  1854. 

"The  acts  of  Fairfax  and  his  independent  army  till  the 
reduction  of  Oxford  and  the  King." 

cxc 

LETTERS  OF  KING  CHARLES  THE  FIRST  to  Queen 
Henrietta  Maria,  ed.  J.  Bruce.  No.  XXVI.  1856. 

Written  in  1646.     Show  the  double-dealing  of  the  King. 
(RYMER'S  Fcedera:  See  No.  LXVIII  A.) 

(DUMONT'S  Corps  Universel  Diplomatique  du  Droit  des 
Gens:  See  No.  LXVIII  £.) 

CXCI 

CONSTITUTIONAL  DOCUMENTS  OF  THE  PURITAN 
REVOLUTION  (1625-1660),  ed.  S.  R.  Gardiner,  2d  ed. 
Oxford,  1899. 

For  the  period  covered,  the  most  suitable  single-volume 
collection  for  university  use. 


52  SOURCE-BOOK  OF  ENGLISH  HISTORY 

CXCII 

BURTON'S  CROMWELLIAN  DIARY:  Diary  of  Thomas 
Burton,  Esq.,  Member  in  the  Parliaments  of  Oliver  and 
Richard  Cromwell  from  1656  to  1659;  now  first  published 
from  the  original  autograph  manuscript.  With  an  intro- 
duction containing  an  account  of  the  Parliament  of  1654 
from  the  Journal  of  Guibon  Goddard,  Esq.,  M.P.,  also  now 
first  printed,  ed.  J.  T.  Rutt.  London,  1828. 

Valuable  for  proceedings  of  the  parliament  of  the   Com- 
monwealth. 

CXCIII 

BURNET'S  HISTORY  OF  HIS  OWN  TIME:  with  notes 
by  the  Earls  of  Dartmouth  and  Hardwicke,  Speaker 
Onslozv,  and  Dean  Sivift,  etc.  Oxford,  1823.  Several 
other  editions. 

1660-1713.     Much  chaff,  some  wheat. 

CXCIV 

KENNET'S  REGISTER:  A  Register  and  chronicle  eccle- 
siastical and  civil:  containing  matters  of  fact,  Delivered 
in  the  zvords  of  the  most  authcntick  Books,  Papers,  and 
Records;  Digested  in  exact  Order  of  Time,  with  proper 
Notes  and  References  Tozvards  discovering  and  connecting 
the  True  History  of  England  From  the  Restauration  of 
King  Charles  II.  Vol.  I  (only  one  printed).  London, 
1728. 

1660-1662.     "A  valuable  collection  of  materials." 

cxcv 

ANGLIyE  NOTITIA  or,  the  Present  State  of  England  corn- 
pleat.  Together  zvith  Divers  Reflections  upon  the  ancient 
state  thereof,  by  Edw.  Chamberlaync.  Many  editions. 
First  edition  London,  1669. 

On  the  institutions,  customs  and  social  life  of  England. 

CXCVI 

EVELYN'S  DIARY:  Diary  and  Correspondence  of  John 
Evelyn.  To  zuhich  is  subjoined  The  Private  Correspon- 
dence between  King  Charles  I.  and  Sir  Edward  Nicholas, 
and  betzveen  Sir  Edward  Hyde,  afterwards  Earl  of  Claren- 
don, and  Sir  Richard  Browne,  ed.  from  the  original  MSS. 
at  Wollon  by  Bray  and  Whcatley.  London,  1879. 

1620-1706.     "A    storehouse   of   illustration   as    regards    the 
political,  literary  and  scientific  movements  of  his  age." 


SOURCES  ARRANGED  BY  EPOCHS  53 

CXCVII 

PEPYS'S  DIARY:  The  Diary  of  Samuel  Pepys ...  Tran- 
scribed front  the  shorthand  manuscript  in  the  Pepysian 
Library  Magdalene  College  Cambridge  by  M.  Bright,  with 
Lord  Braybrooke's  Notes,  ed.  H.  B.  Wheatley.  London, 
1893.  Several  other  editions.  Wheatley's  edition  (1893), 
though  the  most  exhaustive,  is  not  as  suitable  for  students' 
use  as  are  earlier  editions.  See  Braybrooke's  ed.,  Lond. 
1893. 

An  interesting,  though,  from  an  historical  point  of  view, 
overrated  source. 

CXCVIII 

LUTTRELL'S  DIARY:  A  Brief  Historical  Relation  of 
State  Affairs  from  September  1678  to  April  1714,  by  Nar- 
cissus Luttrell.  Printed  from  MS.  in  Library  of  All  Souls' 
College.  Oxford,  1857. 

A  methodical  narration  of  contemporary  events. 

CXCIX 

ELWOOD'S  HISTORY :  The  History  of  Thomas  Elwood, 
written  by  himself,  ed.  Morley.  London,  1886. 

Valuable  for  information  regarding  the  "Friends"  under 
Charles  II.  See  also  Stephen  Crisp  and  his  Correspondence, 
London,  1892 ;  The  Penns  and  Penningtons  of  the  I7th 
Century. 

CC 

WHITELOCK'S  MEMORIALS :  Memorials  of  the  English 
Affairs  {A)  from  the  supposed  Expedition  of  Brute  to 
this  Island  to  the  End  of  the  Reign  of  King  James  the 
First,  by  Sir  Bulstrode  Whit  clock.  London,  1709.  (B) 
From  the  beginning  of  the  Reign  of  King  Charles  the 
First  to  the  Happy  Restoration  of  King  Charles  the  Sec- 
ond, by  Bulstrode  Whitelock.  Oxford,  1853.  First  com- 
plete edition.  Lond.  1732.  Avoid  ed.  of  1682. 

(B)  is  valuable  as  "containing  the  public  transactions, 
civil  and  military,  together  with  the  private  consultations 
and  secrets  of  the  Cabinet." 

CCI 

THURLOE  PAPERS :  A  Collection  of  the  State  Papers  of 
John  Thurloe,  Esq.;  Secretary,  First,  to  the  Council  of 
State,  and  afterwards  to  the  Two  Protectors,  Oliver  and 


54  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Richard  Cromwell . . .  Containing  Memorials  of  the  Eng- 
lish Affairs  from  the  year  1638  to  the  Restoration  of  King 
Charles  II.  Published  from  the  originals,  ed.  T.  Birch. 
London,  1742. 

Thurloe's  position  gave  him  unusual  facilities,  which  he 
successfully  employed. 

ecu 

NALSON'S  COLLECTION:  An  Impartial  Collection  of 
the  Great  affairs  of  State  from  the  Beginning  of  the 
Scotch  Rebellion  in  the  Year  MDCXXXIX.  To  the  Mur- 
ther  of  King  Charles  I.  Taken  from  Authentic  Records, 
and  Methodically  Digested  by  John  Nalson,  LL.D.  Lon- 
don, 1682. 

Ultra-royalist.  Well  expresses  views  of  extreme  court 
party. 

CCIII 

ORMONDE  PAPERS:  A  Collection  of  Original  Letters 
and  Papers  concerning  the  Affairs  of  England,  from  the 
year  1641  to  1660,  found  among  the  Duke  of  Ormonde's 
Papers,  ed.  T.  Carte.  London,  1739.  See  also  Contem- 
porary History  of  Affairs  in  Ireland,  1641-52,  ed.  J.  T.  Gil- 
bert for  the  Irish  Archaeological  and  Celtic  Society.  1879. 
Also  Memoirs  of  Dcnzil  Lord  Holies.  From  the  year 
1641-1648.  London,  1699. 

Valuable  for  history  of  Ireland.  See  Nos.  XLVII  and 
LVI  and  the  publications  of  J.  Grasco,  J.  Gutch,  R.  Lascelles, 
R.  Theiner  and  others. 

CCIV 

GUTHRY'S  MEMOIRS:  The  Memoirs  of  Henry  Guthry, 
late  Bishop  of  Dunkcld,  in  Scotland:  wherein  the  Con- 
spiracies and  Rebellion  against  King  Charles  I.  of  Blessed 
Memory  To  the  time  of  the  Mnrther  of  that  Monarch  are 
briefly  and  faithfully  related.  London,  1702. 
An  impartial  narration.  Useful  for  period. 

ccv 

DALRYMPLE'S  MEMOIRS:  Memoirs  of  Great  Britain 
and  Ireland  from  the  Dissolution  of  the  last  Parliament  of 
Charles  II.  until  the  sea-battle  off  La  Hague,  by  Sir  John 
Dalrymple.  2d  edition.  London  and  Edinburgh,  1771. 

Consisting  chiefly  of  letters  from  the  French  Ambassadors 
in  England  to  their  Courts  and  from  Charles  II.,  James  II., 


SOURCES  ARRANGED  BY  EPOCHS  55 

King    William    and    Queen    Mary,    and    the    Ministers    and 
Generals  of  those  Princes,  from  the  originals. 

SECTION  9.  —  THE  HANOVERIAN  PERIOD 

CCVI 

D'AVAUX'S  DISPATCHES:  The  Negotiations  of  Count 
D'Avaux,  Ambassador  from  the  Most  Christian  King, 
Lewis  XIV.  to  the  States  General  of  the  United  Provinces, 
containing  besides  the  secret  History  of  the  Rise  and  Mo- 
tives of  the  Duke  of  Monmouth's  Rebellion,  the  Steps 
taken  by  the  Prince  of  Orange  to  ascend  the  Throne  of 
Great  Britain;  and  the  Intrigues  of  the  Court  of  France 
to  counteract  his  measures  during  that  interesting  Period. 
Translated  from  the  French.  London,  1754-55. 

Interesting  and  valuable  for  inner  history  of  movements 
described.  See  also  Negotiations  de  M.  Ic  Comte  d'Avaux 
en  Ireland,  depuis  1689  jusqu'en  1690.  Priv.  print.,  Lond., 
1830. 

CCVII 

DE  COMINGE'S  CORRESPONDENCE:  A  French  Am- 
bassador at  the  Court  of  Charles  II.  Translated  by  J.  J. 
Jusserand,  N.  Y.  and  London,  1892. 

A  vivid  picture  of  diplomacy  and  intrigue  at  Charles' 
court. 

CCVIII 

RELIQUI/E  BAXTERIAN^:  or  Mr.  Richard  Baxter's 
Narrative  of  the  most  Memorable  Passages  of  his  life  and 
Times.  Faithfully  published  from  his  own  original  manu- 
script by  Matthew  Sylvester.  London,  1696. 

Written  from  the  independent  standpoint.  Deals  with 
people  rather  than  politics. 

CCIX 

NORTH'S  LIVES  OF  THE  NORTHS :  The  Lives  of  the 
Right  Hon.  Francis  North,  Baron  Guilford,  Lord  Keeper 
of  the  Great  Seal  under  King  Charles  II.  and  King  James 
II.;  The  Hon.  Sir  Dudley  North,  Commissioner  of  the 
Customs  and  afterwards  of  the  Treasury,  to  King  Charles 
II.  and  The  Hon.  and  Rev.  Dr.  John  North,  master  of 
Trinity  College,  Cambridge,  and  clerk  of  the  Closet  to 
King  Charles  II.  by  The  Hon.  Roger  North.  New  ed. 
London,  1826. 

Taking  the  brothers  North  as  examples  of  their  class,  the 
book  well  illustrates  the  manners  and  motives  of  the  time. 


56  SOURCE-BOOK  OP  ENGLISH  HISTORY 

ccx 

DRYDEX:  The  Works  of  John  Drydcn,  ed.  Walter  Scott. 
Edinburgh,  1821. 

The  political  works  of  Dryden  illustrate  the  controversial 
literature  of  the  royalist  type,  as  do  those  of  Milton  the 
Puritan. 

CCXI 

MOXMOUTH'S  REBELLION:  Some  Sources  of  History 
for  the  Monmouth  Rebellion  and  the  Bloody  Assizes,  ed. 
A.  L.  Humphreys.  Taunton,  1893. 

May  be  supplemented  by  The  Bloody  Assizes,  A  Complcat 
History  of  the  Life  of  George,  Lord  Jeffries,  ed.  Goldsmith. 

CCXII 

SHREWSBURY'S  CORRESPONDENCE:  Private  and 
Original  Correspondence  of  Charles  Talbot,  Duke  of 
Shrewsbury,  with  King  William,  the  Leaders  of  the  Whig 
Party,  and  other  distinguished  statesmen . . .,  ed.  W.  Coxe. 
London,  1821. 

Part  i.  Correspondence  with  William  to  1700.  Part  2. 
With  Admr.  Russell  in  1695-06,  with  Galway  in  1695-96  on 
Grand  Alliance.  Part  3.  Confidential  correspondence  with 
Sunderland,  Somers,  Wharton,  Russell,  Oxford  and  Halifax 
1695-1704. 

CCXIII 

MACPHERSON  PAPERS :  Original  Papers  containing  the 
Secret  History  of  Great  Britain  from  the  Restoration  to 
the  accession  of  the  House  of  Hanover,  To  which  are  pre- 
fixed extracts  from  the  life  of  James  II.  as  written  by  him- 
self, ed.  J.  Macpherson.  London,  1775.  Other  editions. 

Worthy  of  study,  although  tainted  by  suspicion  engendered 
by  the  Ossianic  forgeries. 

CCXIV 

STATE  TRACTS :  A  Collection  of  State  Tracts  Published 
on  occasion  of  the  Late  Revolution  in  1688  and  during  the 
Reign  of  King  William  III.  To  which  is  prefixed  The 
History  of  the  Dutch  War  in  1672.  Translated  from  the 
French  Copy  printed  at  Paris  in  1682,  which  was  supprest 
at  the  instance  of  the  English  Ambassador,  because  of  the 
Discoveries  it  made  of  the  League  betwixt  the  Kings  of 
France  and  England  for  enslaving  Europe,  and  intro- 
ducing the  Popish  Religion  into  their  Kingdoms,  and  the 
United  Provinces.  London,  1705. 

A  curious  book,  illustrating  the  spirit  of  the  times.  It  em- 
bodies much  of  the  work  of  the  pamphleteers. 


SOURCES  ARRANGED  BY  EPOCHS  57 

CCXV 

CARSTARE'S  STATE  PAPERS  AND  LETTTERS: 

State-Papers  and  Letters  addressed  to  William  Carstares, 
confidential  Secretary  to  K.  William  during  the  whole  of 
his  Reign;  afterwards  Principal  of  the  University  of  Edin- 
burgh. Relating  to  Public  Affairs  in  Great-Britain,  but 
more  particularly  in  Scotland,  during  the  Reigns  of  K. 
William  and  Q.  Anne  . . .  Published  from  the  originals  by 
J.  McCormick.  Edinburgh,  1774. 

A  carefully  compiled  volume  of  some  value. 
CCXVI 

DEAN  SWIFT :  The  Works  of  Jonathan  Swift  DD.  Dean 
of  St.  Patricks,  Dublin;  Containing  additional  Letters, 
Tracts  and  Poems,  not  hitherto  Published;  with  notes,  and 
a  life  of  the  author,  by  Walter  Scott  Esq.  Edinburgh, 
1814. 

In  the  works  of  Swift  we  find  some  of  the  most  valuable 
material  for  this  period.  History  of  the  Four  Last  Years 
of  Queen  Anne's  Reign  and  Journal  to  Stella  are  particularly 
important  for  period  covered.  See  also  therein :  On  the 
Conduct  of  the  Allies,  on  national  policy;  Tale  of  a  Tub, 
satire  on  ecclesiastical  quarrels ;  Drapier  Letters,  etc.,  etc. 

CCXVII 

BOLINGBROKE:  The  Works  of  the  Right  Honourable 
Henry  St.  John,  Lord  Viscount  Bolingbrokc.  5  vols.,  ed. 
O.  Mallet.  London,  1754.  Letters  and  Correspondence, 
public  and  private,  of  Lord  Bolingbroke,  ed.  G.  Parke. 
London,  1798. 

Valuable  although  marred  by  partisanship  and  self- justifi- 
cation. 

CCXVIII 

BOYER'S  HISTORY  OF  QUEEN  ANNE:  The  History 
of  Queen  Anne,  wherein  all  the  Civil  and  Military  Trans- 
actions of  that  memorable  Reign  are  faithfully  compiled 
from  the  best  Authorities.  The  whole  intermixed  with 
Several  authentic  and  remarkable  Papers;  together  with 
all  the  more  Important  Debates  in  Parliament;  A  compleat 
List  of  the  most  Eminent  Persons  who  died  in  the  course 
of  this  Reign;  with  proper  characters  of  those  who  ren- 
dered themselves  most  conspicuous  in  Church  and  State, 
ed.  A.  Boyer.  London,  1735. 

Useful  as  an  accessible  source. 


5-S  SOURCE-BOOK  OF  ENGLISH  HISTORY 

CCXIX 

OLDMIXON'S  HISTORY:  The  History  of  England  Dur- 
ing the  reigns  of  King  William  and  Queen  Mary,  Queen 
Anne  and  King  George  I.  Being  the  sequel  of  the  Reigns 
of  the  Stuarts  . .  .,  ed.  J.  Oldmixon.  London,  1735. 

Though  coloured  by  violent  partisanship  of  the  Whig  pol- 
icy, this  is  a  useful  source.  It  contains  extracts  from  Parlia- 
mentary Debates  and  from  political  publications. 

ccxx 

RAPIN'S  HISTORY  OF  ENGLAND  CONTINUED:  The 
History  of  England  by  Mr.  Rapin  dc  Thoyras.  Continued 
from  the  Revolution  to  the  Accession  of  King  George  II., 
ed.  N.  Tindal.  London,  1747.  The  work  was  extended  to 
include  reign  of  George  II  and  was  republished  Lond.  1757. 

Impartial,  accurate,  and  comprehensive.  Covers  period 
1649-1820. 

CCXXI 

FLETCHER  OF  SALTOUN :  The  Political  Works  of  An- 
drew Fletcher,  Esq.  Reprint,  Lond.  1732. 

Opinions  of  party  opposed  to  union  between  England  and 
Scotland. 

CCXXII 

HERVEY'S  MEMOIRS :  Memoirs  of  the  Reign  of  George 
the  Second  from  his  accession  to  the  Death  of  Queen 
Caroline..  .By  John,  Lord  Hervcy,  ed.  from  the  original 
mss.  by  J.  W.  Croker.  London,  1848. 

I737-J742-  Court  Life  and  the  inner  political  management. 
Valuable  source. 

CCXXIII 

KER'S  MEMOIRS:  The  Memoirs  of  John  Ker  of  Kersland 
in  North  Britain  Esq.;  containing  His  secret  transactions 
and  negotiations  in  Scotland,  England,  the  Courts  of 
Vienna,  Hanover,  and  other  Foreign  Parts.  With  an  ac- 
count of  the  Rise  and  Progress  of  the  Ostcnd  Company  in 
the  Austrian  Netherlands.  London,  1726. 

Ker  was  a  secret  agent  of  the  Government,  and  his  work 
not  only  throws  light  upon  the  policy  of  the  Ministry,  but 
gives  a  clear  idea  of  the  methods  of  the  service  in  which  he 
was  engaged. 

CCXXIV 

LETTERS  OF  WILLIAM  III.  AND  LOUIS  XIV.  and  of 
their  ministers,  illustrative  of  the  Domestic  and  Foreign 


SOURCES  ARRANGED  BY  EPOCHS  59 

politics  of  England  from  the  Peace  of  Ryswick  to  the  ac- 
cession of  Phillip  V .  of  Spain.  1697-1700,  ed.  P.  Grimblot. 
London,  1848. 

Useful  in  the  field  indicated  in  title. 

ccxxv 

CALENDARS:   of  Home  Office  Papers  of  the  Reign  of 

George    III.     1760-65;    1766-60;    1760-72;    of  Treasury 

Papers,  1557-1730.    London,  1878-81.     See  No.  XXV. 
Extremely  valuable. 

CCXXVI 

BEDFORD  CORRESPONDENCE:  Correspondence  of 
John,  Fourth  Duke  of  Bedford;  selected  from  the  original 
at  Woburn  Abbey.  With  an  introduction  by  Lord  John 
Russell.  London,  1842-46. 

Generally  useful  for  political  history  in  period  1742-1770. 

CCXXVII 

PITT  CORRESPONDENCE:  Correspondence  of  William 
Pitt,  Earl  of  Chatham . . .  published  from  the  original 
manuscripts.  London,  1838. 

Covers  period  1741-1778.  The  position  of  the  writer  en- 
ables him  to  give  much  information  not  elsewhere  obtain- 
able. 

CCXXVIII 

THE  GRENVILLE  PAPERS :  being  the  correspondence  of 
Richard  Grenville,  Earl  Temple,  K.G.,  and  the  Rt.  Hon. 
George  Grenville,  their  friends  and  contemporaries.  Ed. 
W.  J.  Smith,  Lond.,  1852. 

Begins  1742.     Particularly  important  after  1755. 

CCXXIX 

ROSE  CORRESPONDENCE:  Diaries  and  Correspondence 
of    the    Right    Hon.    George    Rose;    containing    original- 
Letters  of  the  most  disingulshed  statesmen  of  his  day,  ed. 
L.  V.  Harcourt.     London,  1860-62. 
Period  of  1782-1815.     Useful. 

ccxxx 

AUCKLAND  CORRESPONDENCE:  The  Journal  and 
Corespondence  of  William,  Lord  Auckland,  ed.  The  Bishop 
of  Bath  and  Wells.  London,  1861-62. 

Period  of  1782-1814.     Scholarly  and  impartial. 


60  SOURCE-BOOK  OF  ENGLISH  HISTORY 

CCXXXI 

MEMOIRS  OF  THE  LAST  TEN  YEARS  OF  THE 
REIGN  OF  GEORGE  II.,  by  Horace  Walpolc.  London, 
1822.  Also  Memoirs  of  the  Early  Reign  of  George  III , 
by  Horace  Walpolc,  ed.  from  original  MSS.  by  D.  Le 
Marchant.  London,  1845.  Also  Correspondence  of,  ed. 
Cunningham.  London,  1840-51,  and  1888.  Also  Journal 
of  the  Reign  of  George  III  [1771-1783],  ed.  Doran.  Lon- 
don, 1859.  Also  Letters  of,  ed.  C.  D.  Yonge,  1891. 
The  standard  source  for  the  period. 

CCXXXII 

ANNUAL  REGISTER,  or  a  view  of  the  History,  Politics 
and  Literature  for  the  year  1758.     (Continued  to  date.) 

Each  volume  of  this  important  series  contains  a  summary 
of  the  principal  events  of  the  year  in  England  and  foreign 
countries.  Particular  attention  given  to  parliamentary  pro- 
ceedings. Texts  of  important  acts  and  treaties  are  often 
quoted.  Although  in  many  cases  the  editor  shows  bias,  this 
is  so  readily  perceptible  as  to  be  of  little  disadvantage. 

CXXXIII 

CAVENDISH'S  DEBATES:  Henry  Cavendish's  Debates 
of  the  House  of  Commons  During  the  Thirteenth  Parlia- 
ment of  Great  Britain,  commonly  called  the  Unrcported 
Parliament;  to  which  arc  appended  Illustrations  of  the 
Parliamentary  History  of  the  Reign  of  George  the  Third; 
consisting  of  unpublished  letters,  Private  Journals,  Me- 
moirs, etc.  Drawn  up  from  the  original  manuscripts  by 
J.  Wright.  London,  1841-43. 
Covers  period  1768-1771. 

CCXXXIV 

BUBB  DODINGTON'S  DIARY:  The  Diary  of  the  late 
George  Bubb  Dodington,  from  Mar.  8,  1748-40  to  Fcby.  6, 
1761.  With  an  Appendix  containing  many  curious  and 
interesting  Papers  referred  to  in  the  Diary.  Ed.  H.  P. 
Wyndham  from  the  original  MSS.  I4th  edition.  1809. 
Useful  for  period  1748-1761. 

ccxxxv 

NORTH   CORRESPONDENCE:    The   Correspondence   of 
King  George  the  Third  with  Lord  North  from  1768-1783, 
ed.  from  the  originals  by  W.  B.  Donne.     London,  1867. 
Period  of  1768-1783. 


SOURCES  ARRANGED  BY  EPOCHS  61 

CCXXXVI 

MALMESBURY  CORRESPONDENCE:  Diaries  and  Cor- 
respondence of  James  Harris,  First  Earl  of  Malmesbury; 
containing  an  account  of  His  Mission  to  the  Courts  of 
Madrid,  Frederick  the  Great,  Catherine  the  Second,  and 
the  Hague;  and  his  special  missions  to  Berlin,  Brunswick 
and  the  French  Republic,  ed.  Earl  of  Malmesbury.  Lon- 
don, 1844. 

Period  of  1767-1797. 

CCXXXVII 

BURKE'S  WORKS:  The  Works  and  Correspondence  of 
Edmund  Burke.  London,  1852.  Speeches  of,  Lond.  1859. 

For  missing  correspondence,  completing  this  valuable 
source,  see  T.  Macknight's  Life  and  Times  of  Edmund 
Burke,  London,  1858-1861. 

ccxxxvm 

CORNWALLIS  CORRESPONDENCE:  Correspondence 
of  Charles,  First  Marquis  Cornwallis.  Ed.  C.  Ross,  Lond., 
1859. 

Period  of  1776-1806.     Colonial  affairs. 

CCXXXIX 

MEMOIRS  OF  THE  COURT  AND  CABINETS  OF 
GEORGE  THE  THIRD.  From  original  family  docu- 
ments by  the  Duke  of  Buckingham  and  Chandos.  Lon- 
don, 1853-55. 

Period  of  1782-1800.  Valuable  for  letters  of  eminent  per- 
sons. 

SECTION  10.  — THE  NINETEENTH  CENTURY 

The  source  material  for  the  study  of  the  history  of  the 
Nineteenth  Century  is  so  voluminous  as  to  preclude  even  an 
attempt  to  outline  its  resources  within  the  limits  of  the  space 
at  command.  The  student  will,  however,  by  following  the 
bibliographical  lines  indicated  for  preceding  periods,  have 
no  difficulty  in  securing  an  ample  supply  of  material  for  the 
study  of  recent  history. 


PART  II 

THE  PRE-NORMAN  PERIOD 

(425  B.C.  TO   1066  A.D.) 


CHAPTER  III 

THE  BRITAIN  OF  THE  ANCIENTS 


ii.   First  Mention  of  the  Islands  afterwards  called  British 

Herodotus 

HERODOTUS  (b.  circa  484  B.C.;  d.  408  B.C.?)  was  the  earliest 
Grecian  historian.  His  History  contains  the  first  authentic  allu- 
sion to  the  British  Islands.  The  form  of  the  reference  indicates 
that  definite  knowledge  of  the  "Tin  Islands,"  —  the  Cassiterides, 
generally  believed  to  be  the  British  Islands,  —  was  current  among 
the  trading  countries  of  the  Mediterranean  at  a  period  somewhat 
earlier  than  that  of  Herodotus. 

Of  the  extremities  of  Europe  towards  the  west  I  cannot 
speak  with  certainty, . . .  nor  am  I  acquainted  with  the  islands 
Cassiterides,  from  which  tin  is  brought  to  us. 

(Herodoti  Historiarum  libro  III0  §  115,  ed.  Abicht-Kallenberg,  Teubner  Text 
Leipsic,  1890.) 

12.   First  Mention  of  the  Islands  by  Name 

Aristotle 

ARISTOTLE  (b.  circa  384  B.C.;  d.  322  B.C.?)  Controversies  have 
more  than  shaken  the  belief  that  The  Universe  was  written  by 
Aristotle;  yet  the  undoubted  antiquity  of  the  work  justifies  the 
insertion  of  the  excerpt  given  below.  If  we  accept  the  attribution 
of  The  Universe  to  the  great  Stagirite  we  may  confidently  assert 
that  therein  is  contained  the  earliest  recorded  allusion  by  name  to 
the  British  Islands. 

Without  which  [the  Pillars  of  Hercules]  the  ocean  flows 
round  the  earth ;  in  this  ocean,  however,  are  two  islands,  and 
those  very  large,  called  Bretannic,  Albion  and  lerne,  which 
are  larger  than  those  before  mentioned  and  lie  beyond  the 
Celti;  and  other  two  not  less  than  these,  Taprobane,  beyond 
the  Indians,  lying  obliquely  in  respect  of  the  main  land,  and 
that  called  Phebol,  situate  over  against  the  Arabic  Gulf; 
moreover  not  a  few  small  islands,  around  the  Bretannic  Isles 
and  Iberia,  encircle  as  with  a  diadem  this  earth,  which  we 
have  already  said  to  be  an  island. 

(Aristoteles  de  .#/««<&  capite  iii,  Prussian  Royal  Academy.    Ed. ,  Berlin,  1831-70.) 
65 


66  SOURCE-BOOK  OF  ENGLISH  HISTORY 

13.  Evidence  of  increasing  Interest  in  the  British  Islands 

Polybiiu 

The  great  History  of  POLYBIUS  (b.  circa  204  B.C.;  d.  122  B.C.?) 
is  chiefly  devoted  to  the  affairs  of  Greece,  but  it  contains  many 
allusions  to  the  contemporaneous  history  of  other  countries. 
From  the  excerpt  given,  the  increasing  interest  in  and  knowledge 
of  the  British  Islands  are  apparent.  Not  only  are  these  islands 
mentioned  by  name,  but  their  connection  with  the  tin  trade  is 
definitely  stated. 

Perhaps  indeed  some  will  enquire  why,  having  made  so 
long  a  discourse  concerning  places  in  Libya  and  Iberia,  we 
have  not  spoken  more  fully  of  the  outlet  at  the  Pillars  of 
Hercules,  nor  of  the  exterior  sea,  and  of  the  peculiarities 
which  occur  therein,  nor  yet  indeed  of  the  Bretannic  Isles, 
and  the  working  of  tin ;  nor  again,  of  the  gold  and  silver 
mines  of  Iberia ;  concerning  which  writers,  controverting 
each  other,  have  discoursed  very  largely. 

Polybii  Historiarum  Hbro  III.  c.  57,  ed.  Buttner-Wobst  and  Dindorf,  Teubner 
Text,  1882.) 

14.   First  Roman  Invasion  of  Britain 

Cttsar 

In  the  Commentaries  on  the  Gallic  War,  by  JULIUS  CESAR 
(b.  loo  B.C.;  d.  44  B.C.)  we  possess  an  invaluable  source  of  con- 
temporary information  concerning  the  first  two  invasions  of 
Britain.  C?esar  could  speak  not  only  authoritatively  as  being  the 
leader  of  the  Roman  armies,  but  with  clearness  and  accuracy  as 
being  an  observant  scholar. 

These  matters  being  arranged,  finding  the  weather  favour- 
able for  his  voyage,  he  set  sail  about  the  third  watch,  and 
ordered  the  horse  to  march  forward  to  the  farther  port,  and 
there  embark  and  follow  him.  As  this  was  performed  rather 
tardily  by  them,  he  himself  reached  Britain  with  the  first 
squadron  of  ships,  about  the  fourth  hour  of  the  day,  and  there 
saw  the  forces  of  the  enemy  drawn  up  in  arms  on  all  the  hills. 
The  nature  of  the  place  was  this :  the  sea  was  confined  by 
mountains  so  close  to  it  that  a  dart  could  be  thrown  from 
their  summit  upon  the  shore.  Considering  this  by  no  means 
a  fit  place  for  disembarking,  he  remained  at  anchor  till  the 
ninth  hour,  for  the  other  ships  to  arrive  there.  Having  in 
the  meantime  assembled  the  lieutenants  and  military  tribunes, 
he  told  them  both  what  he  had  learnt  from  Volusenus,  and 
what  he  wished  to  be  done;  and  enjoined  them  (as  the  prin- 
ciple of  military  matters,  and  especially  as  maritime  affairs, 
which  have  a  precipitate  and  uncertain  action,  required)  that 
all  things  should  be  performed  by  them  at  a  nod  and  at  the 


THE  BRITAIN  OF  THE  ANCIENTS  67 

instant.  Having  dismissed  them,  meeting  both  with  wind  and 
tide  favourable  at  the  same  time,  the  signal  being  given  and 
the  anchor  weighed,  he  advanced  about  seven  miles  from  that 
place,  and  stationed  his  fleet  over  against  an  open  and  level 
shore. 

But  the  barbarians,  upon  perceiving  the  design  of  the 
Romans,  sent  forward  their  cavalry  and  charioteers,  a  class 
of  warriors  of  whom  it  is  their  practice  to  make  great  use  in 
their  battles,  and  following  with  the  rest  of  their  forces,  en- 
deavoured to  prevent  our  men  landing.  In  this  was  the 
greatest  difficulty,  for  the  following  reasons,  namely,  because 
our  ships,  on  account  of  their  great  size,  could  be  stationed 
only  in  deep  water ;  and  our  soldiers,  in  places  unknown  to 
them,  with  their  hands  embarrassed,  oppressed  with  a  large 
and  heavy  weight  of  armour,  had  at  the  same  time  to  leap 
from  the  ships,  stand  amidst  the  waves,  and  encounter  the 
enemy ;  whereas  they,  either  on  dry  ground,  or  advancing  a 
little  way  into  the  water,  free  in  all  their  limbs,  in  places 
thoroughly  known  to  them,  could  confidently  throw  their 
weapons  and  spur  on  their  horses,  which  were  accustomed 
to  this  kind  of  service.  Dismayed  by  these  circumstances 
and  altogether  untrained  in  their  mode  of  battle,  our  men  did 
not  all  exert  the  same  vigour  and  eagerness  which  they  had 
been  wont  to  exert  in  engagements  on  dry  land. 

When  Caesar  observed  this,  he  ordered  the  ships  of  war, 
the  appearance  of  which  was  somewhat  strange  to  the  bar- 
barians and  the  motion  more  ready  for  service,  to  be  with- 
drawn a  little  from  the  transport  vessels,  and  to  be  propelled 
by  their  oars,  and  be  stationed  towards  the  open  flank  of 
the  enemy,  and  the  enemy  to  be  beaten  off  and  driven  away, 
with  slings,  arrows,  and  engines:  which  plan  was  of  great 
service  to  our  men :  for  the  barbarians  being  startled  by 
the  form  of  our  ships  and  the  motions  of  our  oars  and 
the  nature  of  our  engines,  which  was  strange  to  them, 
stopped,  and  shortly  after  retreated  a  little.  And  while  our 
men  were  hesitating  [whether  they  should  advance  to  the 
shore],  chiefly  on  account  of  the  depth  of  the  sea,  he  who 
carried  the  eagle  of  the  tenth  legion,  after  supplicating  the 
gods  that  the  matter  might  turn  out  favourably  to  the  legion, 
exclaimed,  "Leap,  fellow-soldiers,  unless  you  wish  to  betray 
your  eagle  to  the  enemy.  I,  for  my  part,  will  perform  my 
duty  to  the  commonwealth  and  my  general."  When  he  had 
said  this  with  a  loud  voice,  he  leaped  from  the  ship  and  pro- 
ceeded to  bear  the  eagle  toward  the  enemy.  Then  our  men, 


6S  SOURCE-BOOK  OF  ENGLISH  HISTORY 

exhorting  one  another  that  so  great  a  disgrace  should  not  be 
incurred,  all  leaped  from  the  ship.  When  those  in  the  nearest 
vessels  saw  them,  they  speedily  followed  and  approached  the 
enemy. 

The  battle  was  maintained  vigorously  on  both  sides.  Our 
men,  however,  as  they  could  neither  keep  their  ranks,  nor  get 
firm  footing,  nor  follow  their  standards,  and  as  one  from  one 
ship  and  another  from  another  assembled  around  whatever 
standards  they  met,  were  thrown  into  great  confusion.  Hut 
the  enemy,  who  were  acquainted  with  all  the  shallows,  when 
from  the  shore  they  saw  any  coming  from  a  ship  one  by  one, 
spurred  on  their  horses,  and  attacked  them  while  embar- 
rassed; many  surrounded  a  few,  others  threw  their  weapons 
upon  our  collected  forces  on  their  exposed  flank.  When 
Caesar  observed  this,  he  ordered  the  boats  of  the  ships  of  war 
and  the  spy  sloops  to  be  filled  with  soldiers,  and  sent  them  up 
to  the  succour  of  those  whom  he  had  observed  in  distress. 
Our  men,  as  soon  as  they  made  good  their  footing  on  dry 
ground,  and  all  their  comrades  had  joined  them,  made  an 
attack  upon  the  enemy,  and  put  them  to  flight,  but  could  not 
pursue  them  very  far,  because  the  horse  had  not  been  able 
to  maintain  their  course  at  sea  and  reach  the  island.  This 
alone  was  wanting  to  Caesar's  accustomed  success. 

(Ctrsar's  Commentaries  on  the  Gallic  War,  book  IV,  c.  23-26.) 

15.   A  Description  of  the  Britons 

Ctfsar 

The  characteristics  of  the  Britons  and  their  country  are  well 
described  by  OESAR.  He  possessed  keen  perception  and  cool 
judgment,  and  he  was  accustomed  to  impartially  record  all  which 
personal  interests  did  not  tempt  him  to  colour. 

The  interior  portion  of  Britain  is  inhabited  by  those  of 
whom  they  say  that  it  is  handed  down  by  tradition  that  they 
were  born  in  the  island  itself:  the  maritime  portion  by  those 
who  had  passed  over  from  the  country  of  the  Belgre  for  the 
purpose  of  plunder  and  making  war ;  almost  all  of  whom  are 
called  by  the  names  of  those  states  from  which  being  sprung 
they  went  thither,  and  having  waged  war,  continued  there  and 
began  to  cultivate  the  lands.  The  number  of  the  people  is 
countless,  and  their  buildings  exceedingly  numerous,  for  the 
most  part  very  like  those  of  the  Gauls:  the  number  of  cattle 
is  great.  They  use  either  brass  or  iron  rings,  determined  at 
a  certain  weight,  as  their  money.  Tin  is  produced  in  the  mid- 
land regions;  in  the  maritime,  iron;  but  the  quantity  of  it 


THE  BRITAIN  OF  THE  ANCIENTS  69 

is  small :  they  employ  brass,  which  is  imported.  There,  as  in 
Gaul,  is  timber  of  every  description,  except  beech  and  fir. 
They  do  not  regard  it  lawful  to  eat  the  hare,  and  the  cock, 
and  the  goose ;  they,  however,  breed  them  for  amusement  and 
pleasure.  The  climate  is  more  temperate  than  in  Gaul,  the 
colds  being  less  severe  . . . 

The  most  civilized  of  all  these  nations  are  they  who  in- 
habit Kent,  which  is  entirely  a  maritime  district,  nor  do  they 
differ  much  from  the  Gallic  customs.  Most  of  the  inland  in- 
habitants do  not  sow  corn,  but  live  on  milk  and  flesh,  and  are 
clad  with  skins.  All  the  Britains,  indeed,  dye  themselves 
with  wood,  which  occasions  a  bluish  colour,  and  thereby  have 
a  more  terrible  appearance  in  fight.  They  wear  their  hair 
long,  and  have  every  part  of  their  body  shaved  except  their 
head  and  upper  lip.  Ten  and  even  twelve  have  wives  com- 
mon to  them,  and  particularly  brothers  among  brothers,  and 
parents  among  their  children ;  but  if  there  be  any  issue  by 
these  wives,  they  are  reputed  to  be  the  children  of  those  by 
whom  respectively  each  was  first  espoused  when  a  virgin. 

(C&sar's  Commentaries  on  the  Gallic  War,  book  V,  c.  12,  14  ) 

1 6.   The  Characteristics  of  the  Britons 

Strata 

In  the  Fourth  Book  of  the  Geography  of  STRABO  (b.  circa  50  B.C.  ; 
d.  21  A.D.  ?)  we  find  an  interesting  account  of  the  British  Islands 
and  their  inhabitants.  Strabo  gathers  and  reflects  the  opinions 
of  the  historians  and  geographers  who  preceded  him,  but  he  also 
adds  much  derived  from  his  own  research  and  observation.  His 
description  is  not  the  less  valuable  because  based  on  the  accounts 
of  Pytheas,  Posidonius,  Artemidorus,  Ephorus,  Timagenes,  Aris- 
totle, Polybius,  Asinius,  Pollio,  and  Caesar. 

. . .  The  greatest  portion  of  the  island  is  level  and  woody, 
although  many  tracts  are  hilly.  It  produces  corn,  and  cattle, 
and  gold,  and  silver,  and  iron,  which  things  are  brought 
thence,  and  also  skins  and  slaves,  and  dogs  sagacious  in  hunt- 
ing: and  the  Celti  use  these  for  the  purposes  of  war  also,  as 
well  as  their  native  dogs.  The  men  are  taller  than  the  Celti, 
with  hair  less  yellow ;  and  slighter  in  their  persons.  As  an 
instance  of  their  height,  we  ourselves  saw  at  Rome  some 
youths  who  were  taller  by  so  much  as  half  a  foot  than  the 
tallest  there;  but  they  were  distorted  in  their  lower  limbs, 
and  in  other  respects  not  symmetrical  in  their  conformation. 
Their  manners  are  in  part  like  those  of  the  Celti,  though  in 
part  more  simple  and  barbarous ;  insomuch  that  some  of  them, 
though  possessing  plenty  of  milk,  have  not  skill  enough  to 


70  SOURCE-BOOK  OF  ENGLISH  HISTORY 

make  cheese,  and  are  totally  unacquainted  with  horticulture 
and  other  matters  of  husbandry.  There  arc  several  states 
among  them.  In  their  wars  they  make  use  of  chariots  for  the 
most  part,  as  do  some  of  the  Cclti.  Forests  are  their  cities: 
for  having  enclosed  an  ample  space  with  felled  trees,  here 
they  make  themselves  huts,  and  lodge  their  cattle,  though  not 
for  any  long  continuance.  Their  atmosphere  is  more  subject 
to  rain  than  to  snow ;  even  in  their  clear  days  the  mist  con- 
tinues a  considerable  time,  insomuch  that  throughout  the 
whole  day  the  sun  is  only  visible  for  three  or  four  hours  about 
noontime ;  and  this  must  be  the  case  also  among  the  Morini 
and  the  Menapii,  and  among  all  the  neighbouring  people.  The 
deified  Caesar  twice  passed  over  to  the  island,  but  quickly 
returned,  having  effected  nothing  of  consequence,  nor  pro- 
ceeded far  into  the  country,  as  well  on  account  of  some  com- 
motions in  Celtica,  both  among  his  own  soldiers  and  among 
the  barbarians,  as  because  of  the  loss  of  many  of  his  ships 
at  the  period  of  the  full  moon,  when  both  the  flux  and  reflux 
of  the  tides  were  greatly  increased.  Nevertheless  he  gained 
two  or  three  victories  over  the  Britons,  although  he  had 
transported  thither  only  two  legions  of  his  army,  and  brought 
away  hostages,  and  slaves,  and  much  other  booty.  At  the 
present  time,  however,  some  of  the  princes  there  having,  by 
their  embassies  and  court,  gained  the  friendship  of  Caesar 
Augustus,  have  dedicated  their  offerings  in  the  Capitol ;  and 
have  brought  the  whole  island  into  a  state  little  short  of 
intimate  union  with  the  Romans.  They  bear  moderate  taxes 
laid  both  on  the  imports  and  exports  from  Celtica;  which  are 
ivory  bracelets  and  necklaces,  amber,  and  vessels  of  glass, 
and  such  like  mean  merchandise ;  wherefore  the  island  would 
be  hardly  worth  a  garrison,  for  it  would  require  at  least  one 
legion  and  some  cavalry  to  enforce  tribute  from  them ;  and 
the  total  expenditure  for  the  army  would  be  equal  to  the 
additional  revenue :  for  if  a  tribute  were  levied,  of  necessity 
the  imposts  must  be  diminished,  and  at  the  same  time  some 
dangers  would  be  incurred  if  force  were  to  be  employed. 

(Strabonis  Geographic?,  lib.  I.,  ed.  Meineke,  Teubner  Text,  1866.) 

17.   The  Tin  Mines  of  Britain 

Diodorns  Sicnlus 

The  History,  or  Bibliothcca,  of  DIODORUS  SICULUS  was  probably 
written  in  the  last  half  of  the  first  century  of  our  era.  The  work 
has  not  been  preserved  in  its  entirety.  From  the  fragments  re- 
lating to  Britain  I  have  selected  one  which  speaks  of  the  tin  trade 
of  that  island.  It  was  to  the  product  of  its  mines  that  Britain 
owed  its  earliest  importance. 


THE  BRITAIN  OF  THE  ANCIENTS  71 

. . .  Further  they  say  that  its  aboriginal  tribes  inhabit  Brit- 
ain, in  their  usages  still  preserving  the  primitive  modes  of 
life;  for  in  their  wars  they  use  chariots,  as  the  ancient 
Greek  heroes  are  reported  to  have  done  in  the  Trojan  war, 
and  they  have  mean  habitations,  constructed  for  the  most  part 
of  reeds  or  of  wood,  and  they  gather  in  their  harvest  by  cut- 
ting off  the  ears  of  corn  and  storing  them  in  subterraneous 
repositories :  that  they  cull  therefrom  daily  such  as  are  old, 
and,  dressing  them,  have  thence  their  sustenance :  that  they 
are  simple  in  their  manners,  and  far  removed  from  the  cun- 
ning and  wickedness  of  men  of  the  present  day:  that  their 
modes  of  living  are  frugal,  and  greatly  differing  from  the 
luxury  consequent  on  riches:  that  the  island  is  thickly  in- 
habited, and  the  temperature  of  the  air  exceedingly  cold,  in- 
asmuch as  it  lies  directly  beneath  the  north:  and  that  they 
have  many  kings  and  princes,  and  for  the  most  part  live 
peaceably  together. 

But  concerning  its  institutions  and  other  peculiarities  we 
shall  write  at  detail  when  we  arrive  at  Caesar's  expedition 
into  Britain :  at  present  we  shall  speak  of  the  tin  which  is 
there  produced.  They  who  dwell  near  that  promontory  of 
Britain  which  is  called  Belerium  are  singularly  fond  of 
strangers,  and,  from  their  intercourse  with  foreign  mer- 
chants, civilized  in  their  habits.  These  people  obtain  the  tin 
by  skilfully  working  the  soil  which  produces  it;  this  being 
rocky,  has  earthy  interstices,  in  which,  working  the  ore,  and 
then  fusing,  they  reduce  it  to  metal ;  and  when  they  have 
formed  it  into  cubical  shapes,  they  convey  it  to  a  certain  is- 
land, lying  off  Britain,  named  Ictis :  for  at  the  low  tides  the 
intervening  space  being  laid  dry,  they  carry  thither,  in 
waggons,  the  tin  in  great  abundance.  A  singular  circum- 
stance happens  with  respect  to  the  neighbouring  islands  lying 
between  Europe  and  Britain ;  for  at  the  high  tides,  the  inter- 
vening passage  being  flooded,  they  seem  islands;  but  at  the 
low  tides,  the  sea  retreating  and  leaving  much  space  dry,  they 
appear  peninsulas.  From  hence  the  merchants  purchase  the 
tin  from  the  natives,  and  carry  it  across  into  Gaul;  and 
finally  journeying  by  land  through  Gaul  for  about  thirty 
days,  they  convey  their  burdens  on  horses  to  the  outlet  of 
the  river  Rhone.  This  much,  therefore,  to  have  spoken  con- 
cerning tin  may  suffice. 

(Diodori  Siculi  Bibliothecce  Historic^,  ed.  Vogel,  Teubner  Text,  in  progress,) 


72  SOURCE-BOOK.  OF  ENGLISH  HISTORY 

18.   Phases  of  the  Roman  Occupation 

Tacitus 

No  Roman  writer  has  given  a  description  so  comprehensive 
and  clear  of  methods  of  war  in  Britain  as  has  TACITUS.  In  the 
Life  of  Agricola  this  author  furnishes  information  regarding 
the  British  Islands  and  their  inhabitants,  which  is  of  utmost 
value  to  the  student.  Tacitus  possessed  peculiar  facilities  for 
directly  obtaining  authentic  and  minute  information  regarding 
the  actual  occurrences  in  the  country  of  the  Britons. 

Who  were  the  first  inhabitants  of  Britain,  whether  in- 
digenous or  immigrants,  is  a  question  involved  in  the  obscu- 
rity usual  among  barbarians.  Their  temperament  of  body  is 
various,  whence  deductions  are  formed  of  their  different 
origins.  Thus,  the  ruddy  hair  and  large  limbs  of  the  Cale- 
donians point  out  a  German  derivation.  The  swarthy  com- 
plexion and  curled  hair  of  the  Silures,  together  with  their 
situation  opposite  to  Spain,  render  it  probable  that  a  colony 
of  the  ancient  Iberi  possessed  themselves  of  that  territory. 
They  who  are  nearest  Gaul  resemble  the  inhabitants  of  that 
country ;  whether  from  the  duration  of  hereditary  influence, 
or  whether  it  be  that  when  lands  jut  forward  in  opposite 
directions,  climate  gives  the  same  condition  of  body  to  the  in- 
habitants of  both.  On  a  general  survey,  however,  it  appears 
probable  that  the  Gauls  originally  took  possession  of  the 
neighbouring  coast.  The  sacred  rites  and  superstitions  of 
these  people  are  discernible  among  the  Britons.  The  lan- 
guages of  the  two  nations  do  not  greatly  differ.  The  same 
audacity  in  provoking  danger,  and  irresolution  in  facing  it 
when  present,  is  observable  in  both.  The  Britons,  however, 
display  more  ferocity,  not  being  yet  softened  by  a  long  peace : 
for  it  appears  from  history  that  the  Gauls  were  once  re- 
nowned in  war,  till,  losing  their  valour  with  their  liberty, 
languor  and  indolence  entered  among  them.  The  same 
change  has  also  taken  place  among  those  of  the  Britons  who 
have  been  long  subdued;  but  the  rest  continue  such  as  the 
Gauls  formerly  were. 

Their  military  strength  consists  in  infantry:  some  nations 
also  make  use  of  chariots  in  war ;  in  the  management  of 
which,  the  most  honourable  person  guides  the  reins,  while 
his  dependents  fight  from  the  chariot.  The  Britons  were 
formerly  governed  by  kings,  but  at  present  they  are  divided 
in  factions  and  parties  among  their  chiefs ;  and  this  want 
of  union  for  concerting  some  general  plan  is  the  most  favour- 
able circumstance  to  us,  in  our  designs  against  so  powerful 
a  people.  It  is  seldom  that  two  or  three  communities  concur 


THE  BRITAIN  OF  THE  ANCIENTS  73 

in  repelling  the  common  danger;  and  thus,  while  they  engage 
singly,  they  are  all  subdued.  The  sky  in  this  country  is  de- 
formed by  clouds  and  frequent  rains;  but  the  cold  is  never 
extremely  rigorous.  The  length  of  the  days  greatly  exceeds 
that  in  our  part  of  the  world.  The  nights  are  bright,  and, 
at  the  extremity  of  the  island,  so  short,  that  the  close  and 
the  return  of  day  is  scarcely  distinguished  by  a  perceptible 
interval.  It  is  even  asserted  that,  when  clouds  do  not  inter- 
vene, the  splendour  of  the  sun  is  visible  during  the  whole 
night,  and  that  it  does  not  appear  to  rise  and  set,  but  to  move 
across.  The  cause  of  this  is,  that  the  extreme  and  flat  parts 
of  the  earth,  casting  a  low  shadow,  do  not  throw  up  the  dark- 
ness, and  so  night  falls  beneath  the  sky  and  the  stars.  The 
soil/  though  improper  for  the  olive,  the  vine,  and  other 
productions  of  warmer  climates,  is  fertile,  and  suitable  for 
corn.  Growth  is  quick,  but  maturation  slow ;  both  from  the 
same  cause,  the  great  humidity  of  the  ground  and  the  atmos- 
phere. The  earth  yields  gold  and  silver  and  other  metals, 
the  rewards  of  victory.  The  ocean  produces  pearls,  but  of 
a  cloudy  and  livid  hue ;  which  some  impute  to  unskilfulness 
in  the  gatherers ;  for  in  the  Red  Sea  the  fish  are  plucked 
from  the  rocks  alive  and  vigorous,  but  in  Britain  they  are 
collected  as  the  sea  throws  them  up.  For  my  own  part,  I 
can  more  readily  conceive  that  the  defect  is  in  the  nature 
of  the  pearls,  than  in  our  avarice. 

The  Britons  cheerfully  submit  to  levies,  tributes,  and  the 
other  services  of  government,  if  they  are  not  treated  in- 
juriously ;  but  such  treatment  they  bear  with  impatience, 
their  subjection  only  extending  to  obedience,  not  to  servitude. 
Accordingly  Julius  Caesar,  the  first  Roman  who  entered 
Britain  with  an  army,  although  he  terrified  the  inhabitants 
by  a  successful  engagement,  and  became  master  of  the  shore, 
may  be  considered  rather  to  have  transmitted  the  discovery 
than  the  possession  of  the  country  to  posterity. . . 

In  the  beginning  of  the  next  summer,  Agricola . . .  having 
sent  forwards  his  fleet  to  spread  its  ravages  through  various 
parts  of  the  coast,  in  order  to  excite  an  extensive  and  dubious 
alarm,  he  marched  with  an  army  equipped  for  expedition, 
to  which  he  had  joined  the  bravest  of  the  Britons  whose 
fidelity  had  been  proved  by  a  long  allegiance,  and  arrived  at 
the  Grampian  hills,  where  the  enemy  was  already  encamped. 
For  the  Britons,  undismayed  by  the  event  of  the  former 
action,  expecting  revenge  or  slavery,  and  at  length  taught 
that  the  common  danger  was  to  be  repelled  by  union  alone, 


74  SOURCE-BOOK  OF  ENGLISH  HISTORY 

had  assembled  the  strength  of  all  their  tribes  by  embassies 
and  confederacies.  Upwards  of  thirty  thousand  men  in  arms 
were  now  descried;  and  the  youth,  together  with  those  of 
a  hale  and  vigorous  age,  renowned  in  war,  and  bearing  their 
several  honorary  decorations,  were  still  flocking  in  ... 

. . .  They  burst  forth  into  cheerful  acclamations,  and  in- 
stantly flew  to  arms.  Thus  eager  and  impetuous,  he  formed 
them  so  that  the  centre  was  occupied  by  the  auxiliary  in- 
fantry, in  number  eight  thousand,  and  three  thousand  horse 
were  spread  in  the  wings.  The  legions  were  stationed  in 
the  rear,  before  the  intrenchments ;  a  disposition  which 
would  render  the  victory  signally  glorious,  if  it  were  obtained 
without  the  expense  of  Roman  blood ;  and  would  ensure 
support  if  the  rest  of  the  army  were  repulsed.  The  British 
troops,  for  the  greater  display  of  their  numbers,  and  more 
formidable  appearance,  were  ranged  upon  the  rising  grounds, 
so  that  the  first  line  stood  upon  the  plain ;  the  rest,  as  if 
linked  together,  rose  above  one  another  upon  the  ascent. 
The  charioteers  and  horsemen  filled  the  middle  of  the  field 
with  their  tumult  and  careering.  Then  Agricola,  fearing 
from  the  superior  number  of  the  enemy  lest  he  should  be 
obliged  to  fight  as  well  on  his  flanks  as  in  front,  extended 
his  ranks;  and  although  this  rendered  his  line  of  battle  less 
firm,  and  several  of  his  officers  advised  him  to  bring  up  the 
legions,  yet,  filled  with  hope,  and  resolute  in  danger,  he  dis- 
missed his  horse,  and  took  his  station  on  foot  before  the 
colours. 

At  first  the  action  was  carried  on  at  a  distance.  The 
Britons,  armed  with  long  swords  and  short  targets,  with 
steadiness  and  dexterity  avoided  or  struck  down  our  missile 
weapons,  and  at  the  same  time  poured  in  a  torrent  of  their 
own.  Agricola  then  encouraged  three  Batavian  and  two 
Tungrian  cohorts  to  fall  in  and  come  to  close  quarters ;  a 
method  of  fighting  familiar  to  these  veteran  soldiers,  but 
embarrassing  to  the  enemy  from  the  nature  of  their  armour; 
for  the  enormous  British  swords,  blunt  at  the  point,  are  unfit 
for  close  grappling,  and  engaging  in  a  confined  space.  When 
the  Batavians,  therefore,  began  to  redouble  their  blows,  to 
strike  with  the  bosses  of  their  shields,  and  mangle  the  faces 
of  the  enemy;  and,  bearing  down  all  those  who  resisted  them 
on  the  plain,  were  advancing  their  line  up  the  ascent;  the 
other  cohorts,  fired  with  ardour  and  emulation,  joined  in  the 
charge  and  overthrew  all  who  came  in  their  way  rand  so  great 
was  their  impetuosity  in  the  pursuit  of  victory,  that  they  left 


THE  BRITAIN  OF  THE  ANCIENTS  75 

many  of  their  foes  half  dead  or  unhurt  behind  them.  In  the 
meantime  the  troops  of  cavalry  took  to  flight,  and  the  armed 
chariots  mingled  in  the  engagement  of  infantry;  but  although 
their  first  shock  occasioned  some  consternation  they  were 
soon  entangled  among  the  close  ranks  of  the  cohorts,  and  the 
inequalities  of  the  ground ;  not  the  least  appearance  was  left  of 
an  engagement  of  cavalry ;  since  the  men,  long  keeping  their 
ground  with  difficulty,  were  forced  along  with  the  bodies  of 
the  horses ;  and  frequently,  straggling  chariots,  and  affrighted 
horses  without  their  riders,  flying  variously  as  terror  impelled 
them,  rushed  obliquely  athwart  or  directly  through  the  lines. 
Those  of  the  Britons  who,  yet  disengaged  from  the  fight, 
sat  on  the  summits  of  the  hills,  and  looked  with  careless 
contempt  on  the  smallness  of  our  numbers,  now  began  grad- 
ually to  descend;  and  would  have  fallen  on  the  rear  of 
the  conquering  troops,  had  not  Agricola,  apprehending  this 
very  event,  opposed  four  reserved  squadrons  of  horse  to  their 
attack,  which,  the  more  furiously  they  had  advanced,  drove 
them  back  with  the  greater  celerity.  Their  project  was  thus 
turned  against  themselves ;  and  the  squadrons  were  ordered 
to  wheel  from  the  front  of  the  battle  and  fall  upon  the 
enemy's  rear.  A  striking  and  hideous  spectacle  now  appeared 
on  the  plain:  some  pursuing;  some  striking;  some  making 
prisoners,  whom  they  slaughtered  as  others  came  in  their 
way.  Now,  as  their  several  dispositions  prompted,  crowds 
of  armed  Britons  fled  before  inferior  numbers,  or  a  few, 
even  unarmed,  rushed  upon  their  foes,  and  offered  them- 
selves to  a  voluntary  death.  Arms  and  carcases,  and  man- 
gled limbs,  were  promiscuously  strewed,  and  the  field  was 
dyed  in  blood.  Even  among  the  vanquished  were  seen  in- 
stances of  rage  and  valour.  When  the  fugitives  approached 
the  woods,  they  collected,  and  surrounded  the  foremost  of 
the  pursuers,  advancing  incautiously  and  unacquainted  with 
the  country ;  and  had  not  Agricola,  who  was  everywhere 
present,  caused  some  strong  and  lightly-equipped  cohorts  to 
encompass  the  ground,  while  part  of  the  cavalry  dismounted 
made  way  through  the  thickets,  and  part  on  horseback 
scoured  the  open  woods,  some  disaster  would  have  proceeded 
from  the  excess  of  confidence.  But  when  the  enemy  saw 
their  pursuers  again  formed  in  compact  order,  they  renewed 
their  flight,  not  in  bodies  as  before,  or  waiting  for  their 
companions,  but  scattered  and  mutually  avoided  each  other ; 
and  thus  took  their  way  to  the  most  distant  and  devious 
retreats.  Night  and  satiety  of  slaughter  put  an  end  to  the 


76  SOURCE-BOOK  OP  ENGLISH  HISTORY 

pursuit.  Of  the  enemy  ten  thousand  were  slain :  on  our  part 
three  hundred  and  sixty  fell ;  among  whom  was  Aulus  At- 
ticus,  the  praefect  of  a  cohort,  who,  by  his  juvenile  ardour, 
and  the  fire  of  his  horse,  was  borne  into  the  midst  of  the 
enemy. 

Success  and  plunder  contributed  to  render  the  night  joyful 
to  the  victors;  whilst  the  Britons  wandering  and  forlorn, 
amid  the  promiscuous  lamentations  of  men  and  women,  were 
dragging  along  the  wounded;  calling  out  to  the  unhurt; 
abandoning  their  habitations,  and  in  the  rage  of  despair 
setting  them  on  fire;  choosing  places  of  concealment,  and 
then  deserting  them ;  consulting  together,  and  then  separat- 
ing. Sometimes,  on  beholding  the  clear  pledges  of  kindred 
and  affection,  they  were  melted  into  tenderness,  or  more  fre- 
quently roused  into  fury;  insomuch  that  several,  according 
to  authentic  information,  instigated  by  a  savage  compassion, 
laid  violent  hands  upon  their  own  wives  and  children.  On 
the  succeeding  day,  a  vast  silence  all  around,  desolate  hills, 
the  distant  smoke  of  burning  houses,  and  not  a  living  soul 
descried  by  the  scouts,  displayed  more  amply  the  face  of 
victory.  After  parties  had  been  detached  to  all  quarters 
without  discovering  any  certain  traces  of  the  enemy's  flight, 
or  any  bodies  of  them  still  in  arms,  as  the  lateness  of  the 
season  rendered  it  impracticable  to  spread  the  war  through 
the  country,  Agricola  led  his  army  to  the  confines  of  the 
Horesti.  Having  received  hostages  from  this  people,  he 
ordered  the  commander  of  the  fleet  to  sail  round  the  island ; 
for  which  expedition  he  was  furnished  with  sufficient  force, 
and  preceded  by  the  terror  of  the  Roman  name.  He  himself 
then  led  back  the  cavalry  and  infantry,  marching  slowly,  that 
he  might  impress  a  deeper  awe  on  the  newly  conquered 
nations;  and  at  length  distributed  his  troops  into  their  winter- 
quarters. 

(Life  of  Agricola,  Tacitus,  London,  1875,  II,  p.  355  et  sey.) 

19.   Consequences  of  the  Withdrawal  of  the  Romans 

Gildas 

The  short  treatise  DC  Excidio  Britannia  was  written  by  GILDAS 
(b.  circa  516;  d.  570?)  about  560  A.D.  Gildas  cannot  therefore 
be  styled  a  contemporary  source  for  the  Romano-British  period 
of  English  History,  yet  he  is  the  accepted  and  sole  —  though  not 
wholly  satisfactory  —  authority  for  the  period  extending  from 
the  early  part  of  the  fifth  century  until  about  560  A.D. 

The  Romans,  therefore,  left  the  country . . .  No  sooner 
were  they  gone,  than  the  Picts  and  Scots,  like  worms  which 


THE  BRITAIN  OF  THE  ANCIENTS  77 

in  the  heat  of  mid-day  come  forth  from  their  holes,  hastily 
land  again  from  their  canoes,  in  which  they  had  been  carried 
beyond  the  Cichican  valley,  differing  one  from  another  in 
manners,  but  inspired  with  the  same  avidity  for  blood,  and 
all  more  eager  to  shroud  their  villainous  faces  in  bushy  hair 
than  to  cover  with  decent  clothes  those  parts  of  their  body 
which  required  it.  Moreover,  having  heard  of  the  departure 
of  our  friends,  and  their  resolution  never  to  return,  they 
seized  with  greater  boldness  than  before  on  all  the  country 
towards  the  extreme  north  as  far  as  the  wall.  To  oppose 
them  there  was  placed  on  the  heights  a  garrison  equally  slow 
to  fight  and  ill  adapted  to  run  away,  a  useless  and  panic- 
struck  company,  who  slumbered  away  days  and  nights  on 
their  unprofitable  watch.  Meanwhile  the  hooked  weapons 
of  their  enemies  were  not  idle,  and  our  wretched  countrymen 
were  dragged  from  the  wall  and  dashed  against  the  ground. 
Such  premature  death,  however,  painful  as  it  was,  saved  them 
from  seeing  the  miserable  sufferings  of  their  brothers  and 
children.  But  why  should  I  say  more  ?  They  left  their  cities, 
abandoned  the  protection  of  the  wall,  and  dispersed  them- 
selves in  flight,  more  desperately  than  before.  The  enemy, 
on  the  other  hand,  pursued  them  with  more  unrelenting 
cruelty  than  before,  and  butchered  our  countrymen  like 
sheep,  so  that  their  habitations  were  like  those  of  savage 
beasts ;  for  they  turned  their  arms  upon  each  other,  and  for 
the  sake  of  a  little  sustenance,  imbrued  their  hands  in  the 
blood  of  their  fellow-countrymen.  Thus  foreign  calamities 
were  augmented  by  domestic  feuds ;  so  that  the  whole  coun- 
try was  entirely  destitute  of  provisions,  save  such  as  could 
be  procured  in  the  chase. 

Again,  therefore,  the  wretched  remnant,  sending  to  ^Etius, 
a  powerful  Roman  citizen,  address  him  as  follows : —  "To 
yEtius,  now  consul  for  the  third  time :  the  groans  of  the 
Britons."  And  again  a  little  further,  thus : —  "The  barbari- 
ans drive  us  to  the  sea;  the  sea  throws  us  back  on  the  bar- 
barians :  thus  two  modes  of  death  await  us,  we  are  either 
slain  or  drowned."  The  Romans,  however,  could  not  assist 
them  . . . 

(The  works  of  Gildas,  'The  History,'  §§  19,  20.     In  Six  Old  English  Chronicles. 
London,  1872.) 

20.   The  Power  of  Britain  Revives 

Bede 

The  distress  and  despair  into  which  the  Britons  fell  at  the 
withdrawal  of  the  Romans  is  well  shown  by  the  preceding  selec- 


78  SOL' RC  E-BOOK  OF  EX  GUSH  HISTORY 

tion  from  GILDAS.  Tbc  condition  of  depression  did  not  endure. 
The  valour  of  the  native  Britons  re-asserted  itself,  and  gave  to 
the  island  a  period  of  prosperity. 

In  the  meantime,  the  aforesaid  famine  distressing  the  Brit- 
ons more  and  more,  and  leaving  to  posterity  lasting  memo- 
rials of  its  mischievous  effects,  obliged  many  of  them  to 
submit  themselves  to  the  depredators;  though  others  still 
held  out,  confiding  in  the  Divine  assistance,  when  none  was 
to  be  had  from  men.  These  continually  made  excursions 
from  the  mountains,  caves,  and  woods,  and,  at  length,  began 
to  inflict  severe  losses  on  their  enemies,  who  had  been  for 
so  many  years  plundering  the  country.  The  Irish  robbers 
thereupon  returned  home,  in  order  to  come  again  soon  after. 
The  Picts,  both  then  and  afterwards,  remained  quiet  in  the 
farthest  part  of  the  island,  save  that  sometimes  they  would 
do  some  mischief,  and  carry  off  booty  from  the  Britons. 

When,  however,  the  ravages  of  the  enemy  at  length  ceased, 
the  island  began  to  abound  with  such  plenty  of  grain  as  had 
never  been  known  in  any  age  before. 

(Bede's  Ecclesiastical  History,  book  1,  c.  14,  ed.  J.  A.  Giles,  London,  1894.) 


CHAPTER  IV 

THE   BIRTH   OF   THE   ENGLISH   NATION 


21.   The  Ancient  Germans 

Co1  sat 

The  famous  Commentaries  of  CESAR  contain  the  first  accurate 
and  comprehensive  account  of  the  primitive  Germans,  the  an- 
cestors of  the  English.  In  connection  with  the  excerpt  given, 
the  Germania  of  TACITUS  may  be  read  with  profit. 

The  Germans  differ  much  from  these  usages,  for  they  have 
neither  Druids  to  preside  over  sacred  offices,  nor  do  they 
pay  great  regard  to  sacrifices.  They  rank  in  the  number  of 
gods  those  alone  whom  they  behold,  and  by  whose  instru- 
mentality they  are  obviously  benefited,  namely,  the  sun,  fire, 
and  the  moon ;  they  have  not  heard  of  the  other  deities  even 
by  report.  Their  whole  life  is  occupied  in  hunting  and  in 
the  pursuits  of  the  military  art;  from  childhood  they  devote 
themselves  to  fatigue  and  hardships.  Those  who  have  re- 
mained chaste  for  the  longest  time,  receive  the  greatest  com- 
mendation among  their  people  . . . 

They  do  not  pay  much  attention  to  agriculture,  and  a  large 
portion  of  their  food  consists  in  milk,  cheese,  and  flesh ;  nor 
has  any  one  a  fixed  quantity  of  land  or  his  own  individual 
limts;  but  the  magistrates  and  the  leading  men  each  year 
apportion  to  the  tribes  and  families,  who  have  united  to- 
gether, as  much  land  as,  and  in  the  place  in  which,  they  think 
proper,  and  the  year  after  compel  them  to  remove  elsewhere. 
For  this  enactment  they  advance  many  reasons  —  lest  seduced 
by  long-continued  custom,  they  may  exchange  their  ardour 
in  the  waging  of  war  for  agriculture ;  lest  they  may  be  anx- 
ious to  acquire  extensive  estates,  and  the  more  powerful  drive 
the  weaker  from  their  possessions;  lest  they  construct  their 
houses  with  too  great  a  desire  to  avoid  cold  and  heat;  lest  the 
desire  of  wealth  spring  up,  from  which  cause  divisions  and 
discords  arise;  and  that  they  may  keep  the  common  people  in 
a  contented  state  of  mind,  when  each  sees  his  own  means 
placed  on  an  equality  with  [those  of]  the  most  powerful. 

79 


8o  SOURCE-BOOK  OF  ENGLISH  HISTORY 

It  is  the  greatest  glory  to  the  several  States  to  have  as  wide 
deserts  as  possible  around  them,  their  frontiers  having  been 
laid  waste.  They  consider  this  the  real  evidence  of  their 
prowess,  that  their  neighbours  shall  be  driven  out  of  their 
lands  and  abandon  them,  and  that  no  one  dare  settle  near 
them ;  at  the  same  time,  they  think  that  they  shall  be  on  that 
account  the  more  secure,  because  they  have  removed  the  ap- 
prehension of  a  sudden  incursion.  When  a  State  either  repels 
war  waged  against  it,  or  wages  it  against  another,  magis- 
trates are  chosen  to  preside  over  that  war  with  such  author- 
ity, that  they  have  power  of  life  and  death.  In  peace  there  is 
no  common  magistrate,  but  the  chiefs  of  provinces  and  can- 
tons administer  justice  and  determine,  controversies  among 
their  own  people.  Robberies  which  are  committed  beyond  the 
boundaries  of  each  State  bear  no  infamy,  and  they  avow  that 
these  are  committed  for  the  purpose  of  disciplining  their 
youth  and  of  preventing  sloth.  And  when  any  of  their 
chiefs  has  said  in  an  assembly  "that  he  will  be  their  leader, 
let  those  who  are  willing  to  follow,  give  in  their  names"; 
they  who  approve  of  both  the  enterprise  and  the  man  arise 
and  promise  their  assistance  and  are  applauded  by  the  people ; 
such  of  them  as  have  not  followed  him  are  accounted  in  the 
number  of  deserters  and  traitors,  and  confidence  in  all  mat- 
ters is  afterwards  refused  them.  To  injure  guests  they 
regard  as  impious;  they  defend  from  wrong  those  who  come 
to  them  for  any  purpose  whatever,  and  esteem  them  inviol- 
able ;  to  them  the  houses  of  all  are  open  and  maintenance  is 
freely  supplied. 

(Cxsar's  Commentaries  on  the  Gallic  f('ar,  book  VI,  c.  21,  22,  23., 

22.   The  Coming  of  Hengist  and  Horsa 

Bede 

The  accounts  of  the  coming  of  the  Teutons  to  the  Isle  of 
Thanet  are  extremely  unsatisfactory.  Although  this  is  the  case, 
yet  to  the  student  of  history  the  beginning  of  the  Teutonic  in- 
vasion of  Briton  is  of  such  importance  as  to  demand  an  illustra- 
tion. The  statement  of  BEDE  possesses  at  least  an  element  of 
probability. 

They  consulted  what  was  to  be  done,  and  where  they  should 
seek  assistance  to  prevent  or  repel  the  cruel  and  frequent  in- 
cursions of  the  Northern  Nations;  and  they  all  agreed  with 
their  King  Vortigern  to  call  over  to  their  aid,  from  the  parts 
beyond  the  sea,  the  Saxon  nation  ...  In  the  year  of  our 
Lord  449  . . .  then  the  nations  of  the  Angles,  or  Saxons,  being 
invited  by  the  aforesaid  King,  arrived  in  Britain  with  three 


THE  BIRTH  OF  THE  ENGLISH  NATION  81 

long  ships,  and  had  a  place  assigned  them  to  reside  in  by  the 
same  king,  in  the  eastern  part  of  the  island,  that  they  might 
thus  appear  to  be  fighting  for  their  country,  whilst  their  real 
intentions  were  to  enslave  it.  Accordingly  they  engaged 
with  the  enemy,  who  were  come  from  the  north  to  give  battle, 
and  obtained  the  victory ;  which,  being  known  at  home  in 
their  own  country,  as  also  the  fertility  of  the  country,  and 
the  cowardice  of  the  Britons,  a  more  considerable  fleet  was 
quickly  sent  over,  bringing  a  still  greater  number  of  men, 
which,  being  added  to  the  former,  made  up  an  invincible 
army.  The  newcomers  received  of  the  Britons  a  place  to 
inhabit,  upon  condition  that  they  should  wage  war  against 
their  enemies  for  the  peace  and  security  of  the  country, 
whilst  the  Britons  agreed  to  furnish  them  with  pay.  Those 
who  came  over  were  of  the  three  most  powerful  nations  of 
Germany  —  Saxons,  Angles,  and  Jutes.  From  the  Jutes  are 
descended  the  people  of  Kent,  and  of  the  Isle  of  Wight,  and 
those  also  in  the  province  of  the  West- Saxons  who  are  to 
this  day  called  Jutes,  seated  opposite  to  the  Isle  of  Wight. 
From  the  Saxons,  that  is,  the  country  which  is  now  called 
Old  Saxony,  came  the  East-Saxons,  the  South-Saxons,  and 
the  West-Saxons.  From  the  Angles,  that  is,  the  country 
which  is  called  Anglia,  and  which  is  said,  from  that  time,  to 
remain  desert  to  this  day,  between  the  provinces  of  the  Jutes 
and  the  Saxons,  are  descended  the  East-Angles,  the  Midland- 
Angles,  Mercians,  all  the  race  of  the  Northumbrians,  that  is, 
of  those  nations  that  dwell  on  the  north  side  of  the  river 
Humber,  and  the  other  nations  of  the  English.  The  two  first 
commanders  are  said  to  have  been  Hengist  and  Horsa.  Of 
whom  Horsa,  being  afterwards  slain  in  battle  by  the  Britons, 
was  buried  in  the  eastern  parts  of  Kent,  where  a  monument, 
bearing  his  name,  is  still  in  existence.  They  were  the  sons 
of  Victgilsus,  whose  father  was  Vecta,  son  of  Woden ;  from 
whose  stock  the  royal  race  of  many  provinces  deduce  their 
original.  In  a  short  time,  swarms  of  the  aforesaid  nations 
came  over  into  the  island,  and  they  began  to  increase  so 
much,  that  they  became  terrible  to  the  natives  themselves 
who  had  invited  them.  Then,  having  on  a  sudden  entered 
into  league  with  the  Picts,  whom  they  had  by  this  time 
repelled  by  the  force  of  their  arms,  they  began  to  turn  their 
weapons  against  their  confederates.  At  first,  they  obliged 
them  to  furnish  a  greater  quantity  of  provisions;  and,  seek- 
ing an  occasion  to  quarrel,  protested,  that  unless  more  plenti- 
ful supplies  were  brought  them,  they  would  break  the  con- 


82  SOURCE-BOOK  OF  ENGLISH  HISTORY 

fcderacy,  and  ravage  all  the  island ;  nor  were  they  backward 
in  putting  their  threats  in  execution.  In  short,  the  fire 
kindled  by  the  hands  of  these  pagans,  proved  God's  just  re- 
venge for  the  crimes  of  the  people;  not  unlike  that  which, 
being  once  lighted  by  the  Chaldeans,  consumed  the  walls  and 
city  of  Jerusalem.  For  the  barbarous  conquerors  acting  here 
in  the  same  manner,  or  rather  the  just  Judge  ordaining  that 
they  should  so  act,  they  plundered  all  the  neighbouring  cities 
and  country,  spread  the  conflagration  from  the  eastern  to  the 
western  sea,  without  any  opposition,  and  covered  almost 
every  part  of  the  devoted  island.  Public  as  well  as  private 
structures  were  overturned ;  the  priests  were  everywhere 
slain  before  the  altars ;  the  prelates  and  the  people,  without 
any  respect  of  persons,  were  destroyed  with  fire  and  sword ; 
nor  was  there  any  to  bury  those  who  had  been  thus  cruelly 
slaughtered.  Some  of  the  miserable  remainder,  being  taken 
in  the  mountains,  were  butchered  in  heaps.  Others,  spent 
with  hunger,  came  forth  and  submitted  themselves  to  the 
enemy  for  food,  being  destined  to  undergo  perpetual  servi- 
tude, if  they  were  not  killed  even  upon  the  spot.  Some,  with 
sorrowful  hearts,  fled  beyond  the  seas.  Others,  continuing 
in  their  own  country,  led  a  miserable  life  among  the  woods, 
rocks,  and  mountains,  with  scarcely  enough  food  to  support 
life,  and  expecting  every  moment  to  be  their  last. 

(Bede's  Ecclesiastical  History  of  England,  book  I,  c.  16. 
Kd.  J.  A.  Giles,  London,  1894.) 

23.   England  becomes  One  Kingdom 

Anglo-Saxon  Chronicle 

The  development  of  the  over-lordship  of  the  kings  of  Wessex, 
and  the  establishment  of  the  dynasty  of  its  ruler  Ecgbert  as  Bret- 
walders  of  England,  is  set  forth  in  the  Anglo-Saxon  Chronicle. 
This  old  chronicle  is  unique  among  histories,  stretching  as  it 
does  from  the  beginning  of  the  Christian  era  to  1154  A.D.  and 
being  contemporary  history  from  the  fifth  century.  It  is  be- 
lieved to  have  been  an  annual  compilation,  made  at  one  of  the 
chief  monasteries,  and  its  authority  is  in  the  main  accepted.  There 
are  several  manuscript  copies  extant.  Details  supplementary  to 
the  statements  of  the  chronicle  of  the  progress  of  the  union  of 
England  into  one  kingdom  under  Ecgbert  —  from  whom  every 
sovereign  of  England,  including  the  Danish  kings  and  William 
the  Conqueror,  has  claimed  descent  —  may  be  found  in  BEDE'S 
Ecclesiastical  History. 

KENT   BEGUN 

A.  455.  This  year  Hengist  and  Horsa  fought  against  king 
Vortigern  at  the  place  which  is  called  ^gels-threp  [Ayles- 


THE  BIRTH  OF  THE  ENGLISH  NATION  83 

ford]  and  his  brother  Horsa  was  there  slain,  and  after  that 
Hengist  obtained  the  kingdom,  and  JEsc  his  son. 

SUSSEX    BEGUN 

A.  477.  This  year  ^lla,  and  his  three  sons,  Cymen,  and 
Wlencing,  and  Cissa,  came  to  the  land  of  Britain  with  three 
ships,  at  a  place  which  is  named  Cymenes-ora,  and  there 
slew  many  Welsh,  and  some  they  drove  in  flight  into  the 
wood  that  is  named  Andreds-lea. 

WESSEX    BEGUN 

A.  495.  This  year  two  ealdormen  came  to  Britain,  Cerdic 
and  Cynric  his  son,  with  five  ships,  at  the  place  which  is 
called  Cerdics-ore,  and  the  same  day  they  fought  against  the 
Welsh. 

NORTHUMBRIA   BEGUN 

A.  547.  This  year  Ida  began  to  reign,  from  whom  arose 
the  royal  race  of  North-humbria ;  and  he  reigned  twelve 
years,  and  built  Bambrough,  which  was  at  first  enclosed  by 
a  hedge,  and  afterwards  by  a  wall. 

SUPREMACY   OF    NORTHUMBRIA 

A.  617.  This  year  Ethelfrid  the  king  of  the  North-hum- 
brians  was  slain  by  Redwald  king  of  the  East-Angles,  and 
Edwin  the  son  of  Alia  succeeded  to  the  kingdom,  and  subdued 
all  Britain,  the  Kentish-men  alone  excepted.  And  he  drove 
out  the  ethelings,  sons  of  Ethelfrid ;  that  is  to  say,  first  Ean- 
frid,  Oswald,  and  Owsy,  Oslac,  Oswudu,  Oslaf,  and  Offa. 

SUPREMACY   OF    MERCIA 

A.  792.  This  year  Offa,  king  of  the  Mercians,  commanded 
the  head  of  king  Ethelbert  to  be  struck  off.  And  Osred,  who 
had  been  king  of  the  Northumbrians,  having  come  home  after 
his  exile,  was  seized  and  slain  on  the  i8th  before  the  Kalends 
of  October;  and  his  body  lies  at  Tinemouth. 

A.  796.  This  year  Kenulf,  king  of  the  Mercians,  laid 
waste  Kent  as  far  as  the  marshes,  and  took  Pren  their  king, 
and  led  him  bound  into  Mercia,  and  let  his  eyes  be  picked  out 
and  his  hands  be  cut  off. 

SUPREMACY   OF   WESSEX 

A.  823.  This  year  there  was  a  battle  between  the  Welsh 
and  the  men  of  Devon  at  Camelford :  and  the  same  year  Eg- 
bert king  of  the  West-Saxons  and  Bernulf  king  of  the  Mer- 
cians fought  at  Wilton,  and  Egbert  got  the  victory,  and  there 
was  great  slaughter  made. 


84  SOURCE-BOOK  OF  ENGLISH  HISTORY 


EGBERT   OVERLORD   OF    BRITAIN 

A.  827.  . . .  And  the  same  year  king  Egbert  conquered  the 
kingdom  of  the  Mercians,  and  all  that  was  south  of  the  Hum- 
ber;  and  he  was  the  eighth  king  who  was  Bretwalda. 

(From  the  Angfo-Saxon  Chronicle,  for  years  named. 
Ed.  Giles,  1875.) 


24.   The  Re-Establishment  of  Christianity 

Bede 

Although  the  venerable  BEDE  (673  to  circa  735)  was  born  a 
century  after  the  landing  of  St.  Augustine,  we  turn  to  his  Eccle- 
siastical History  as  the  native  source  of  our  knowledge  of  the 
regeneration  of  Christianity  in  Britain.  Bede  has  been  termed 
the  Father  of  English  History.  His  learning  was  great,  his  in- 
dustry constant,  and  his  means  of  information  at  once  extensive 
and  unique.  His  History  is  an1  indispensable  source  for  the 
period  of  which  it  treats. 

Augustine,  thus  strengthened  by  the  confirmation  of  the 
blessed  father  Gregory,  returned  to  the  work  of  the  word  of 
God,  with  the  servants  of  Christ,  and  arrived  in  Britain. 
The  powerful  Ethelbert  was  at  that  time  king  of  Kent;  he 
had  extended  his  dominions  as  far  as  the  great  river  Hum- 
ber,  by  which  the  Southern  Saxons  are  divided  from  the 
Northern.  On  the  east  of  Kent  is  the  large  Isle  of  Thanet 
containing  according  to  the  English  way  of  reckoning,  600 
families,  divided  from  the  other  land  by  the  river  Wantsum, 
which  is  about  three  furlongs  over,  and  fordable  only  in  two 
places,  for  both  ends  of  it  run  into  the  sea.  In  this  island 
landed  the  servant  of  our  Lord,  Augustine,  and  his  com- 
panions, being,  as  is  reported,  nearly  forty  men.  They  had, 
by  order  of  the  blessed  Pope  Gregory,  taken  interpreters  of 
the  nation  of  the  Franks,  and  sending  to  Ethelbert,  signified 
that  they  were  come  from  Rome,  and  brought  a  joyful  mes- 
sage, which  most  undoubtedly  assured  to  all  that  took  advan- 
tage of  it  everlasting  joys  in  heaven,  and  a  kingdom  that 
would  never  end,  with  the  living  and  true  God.  The  king 
having  heard  this,  ordered  them  to  stay  in  that  island  where 
they  had  landed,  and  that  they  should  be  furnished  with  all 
necessaries,  till  he  should  consider  what  to  do  with  them. 
For  he  had  before  heard  of  the  Christian  religion,  having  a 
Christian  wife  of  the  royal  family  of  the  Franks,  called 
Bertha ;  whom  he  had  received  from  her  parents,  upon  con- 
dition that  she  should  be  permitted  to  practise  her  religion 
with  the  bishop  Luidhard,  who  was  sent  with  her  to  preserve 


THE  BIRTH  OF  THE  ENGLISH  NATION  85 

her  faith.  Some  days  after,  the  king  came  into  the  island, 
and  sitting  in  the  open  air,  ordered  Augustine  and  his  com- 
panions to  be  brought  into  his  presence.  For  he  had  taken 
precaution  that  they  should  not  come  to  him  in  any  house, 
lest,  according  to  an  ancient  superstition,  if  they  practised 
any  magical  arts,  they  might  impose  upon  him,  and  so  get 
the  better  of  him.  But  they  came  furnished  with  Divine,  not 
with  magic  virtue,  bearing  a  silver  cross  for  their  banner, 
and  the  image  of  our  Lord  and  Saviour  painted  on  a  board ; 
and  singing  the  litany,  they  offered  up  their  prayers  to  the 
Lord  for  the  eternal  salvation  both  of  themselves  and  of  those 
to  whom  they  were  come.  When  he  had  sat  down,  pursuant 
to  the  king's  commands,  and  preached  to  him  and  his  attend- 
ants there  present,  the  word  of  life,  the  king  answered  thus : 
-  "Your  words  and  promises  are  very  fair,  but  as  they  are 
new  to  us,  and  of  uncertain  import,  I  cannot  approve  of  them 
so  far  as  to  forsake  that  which  I  have  so  long  followed  with 
the  whole  English  nation.  But  because  you  are  come  from 
far  into  my  kingdom,  and,  as  I  conceive,  are  desirous  to  im- 
part to  us  those  things  which  you  believe  to  be  true,  and  most 
beneficial,  we  will  not  molest  you,  but  give  you  favourable 
entertainment,  and  take  care  to  supply  you  with  your  neces- 
sary sustenance;  nor  do  we  forbid  you  to  preach  and  gain 
as  many  as  you  can  to  your  religion."  Accordingly  he  per- 
mitted them  to  reside  in  the  city  of  Canterbury,  which  was 
the  metropolis  of  all  his  dominions,  and,  pursuant  to  his 
promise,  besides  allowing  them  sustenance,  did  not  refuse 
them  liberty  to  preach.  It  is  reported  that,  as  they  drew  near 
to  the  city,  after  their  manner,  with  the  holy  cross,  and  the 
image  of  our  sovereign  Lord  and  King,  Jesus  Christ,  they, 
in  concert,  sung  this  litany:  "We  beseech  thee,  O  Lord,  in 
all  thy  mercy,  that  thy  anger  and  wrath  be  turned  away  from 
this  city,  and  from  thy  holy  house,  because  we  have  sinned. 
Hallelujah." 

There  was  on  the  east  side  of  the  city,  a  church  dedicated 
to  the  honour  of  St.  Martin,  built  whilst  the  Romans  were 
still  in  the  island,  wherein  the  queen,  who,  as  has  been  said 
before,  was  a  Christian,  used  to  pray.  In  this  they  first 
began  to  meet,  to  sing,  to  pray,  to  say  mass,  to  preach,  and 
to  baptize,  till  the  king,  being  converted  to  the  faith,  allowed 
them  to  preach  openly,  and  build  or  repair  churches  in  all 
places. 


86  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Nor  was  it  long  before  he  gave  his  teachers  a  settled  resi- 
dence in  his  metropolis  of  Canterbury,  with  such  possessions 
of  different  kinds  as  were  necessary  for  their  subsistence. 

(Bede's  Ecclesiastical  History  of  England,  book  I,  c.  25-2$. 
Ed.  J,  A.  Giles,  London,  1894.) 


CHAPTER   V 

ANGLO-SAXON    LAWS 


The  Dooms  of  the  Kings  Alfred,  Athelstan,  and  Edgar, 

'Ancient  Laws  and  Institutes  of  England,  ed.  Thorpe 

The  importance  of  the  Anglo-Saxon  laws  as  sources  of  Eng- 
lish History  is  enhanced  by  the  absence  of  authentic  contem- 
porary literature.  Were  it  not  for  those  laws,  we  should  know 
but  little  of  the  period. 

The  law  of  a  people  is  synchronous  with  the  development  of 
that  people.  Legislation  not  only  indicates  the  progress  of  a 
race,  but  preserves  its  characteristics  from  generation  to  gen- 
eration. In  the  selections  given  below  it  is  sought  to  indicate  the 
development  of  early  English  law  from  the  crudest  customary 
law  to  the  more  scientific  enactments  of  the  later  Anglo-Saxon 
kings,  and  also  to  give  the  material  which  best  illustrates  the 
development  of  fiscal,  political,  and  legal  institutions  of  the  early 
English. 

25.   Of  a  Man's  Eye-Wound  and  of  Various  Other  Limbs 

From  the  Laws  of  King  Alfred 

If  a  man  strike  out  another's  eye,  let  him  pay  LX.  shillings, 
and  VI.  shillings  and  VI.  pennies  and  a  third  part  of  a  penny, 
as  "hot."  If  it  remain  in  the  head,  and  he  cannot  see  aught 
therewith,  let  one  third  part  of  the  "hot"  be  retained. 

If  a  man  strike  off  another's  nose,  let  him  make  "hot"  with 
LX.  shillings. 

If  a  man  strike  out  another's  tooth  in  the  front  of  his  head, 
let  him  make  "hot"  for  it  with  VIII.  shillings:  if  it  be  the 
canine  tooth,  let  IV.  shillings  be  paid  as  "bot."  A  man's 
grinder  is  worth  XV.  shillings. 

If  a  man's  tongue  be  done  out  of  his  head  by  another  man's 
deeds,  that  shall  be  as  eye-"bot." 

If  a  man  be  wounded  on  the  shoulder  so  that  the  joint-oil 
flow  out,  let  "bot"  be  made  with  XXX.  shillings. 

If  the  thumb  be  struck  off,  for  that  shall  be  XXX.  shillings 
as  "bot." 

If  the  nail  be  struck  off,  for  that  shall  be  V.  shillings  as 
"bot." 


88  SOURCE-BOOK  OF  ENGLISH  HISTORY 

If  the  shooting  [i.e.  fore]  finger  be  struck  off,  the  "bot" 
is  XV.  shillings;  for  its  nail  it  is  IV.  shillings. 

If  a  man's  thigh  be  pierced,  let  XXX.  shillings  be  paid  him 
as  "bot";  if  it  be  broken,  the  "bot"  is  likewise  XXX.  shil- 
lings. 

If  the  great  toe  be  struck  off,  let  XX.  shillings  be  paid  him 
as  "bot";  if  it  be  the  second  toe,  let  XV.  shillings  be  paid  as 
"bot";  if  the  middlemost  toe  be  struck  off,  there  shall  be  IX. 
shillings  as  "bot";  if  it  be  the  fourth  toe,  there  shall  be  VI. 
shillings  as  "bot";  if  the  little  toe  be  struck  off,  let  V.  shil- 
lings be  paid  him. 

If  a  man's  arm,  with  the  hand,  be  entirely  cut  off  before 
the  elbow,  let  "bot"  be  made  for  it  with  LXXX.  shillings. 

For  every  wound  before  the  hair,  and  before  the  sleeve, 
and  beneath  the  knee,  the  "bot"  is  two  parts  more. 

26.  Of  Lordless  Men 

From  the  Laivs  of  King  Athelstan 

And  we  have  ordained:  respecting  those  lordless  men  of 
whom  no  law  can  be  got,  that  the  kindred  be  commanded  that 
they  domicile  him  to  folk-right,  and  find  him  a  lord  in  the 
folk-mote;  and  if  they  then  will  not  or  cannot  produce  him 
at  the  term,  then  be  he  thenceforth  a  "flyma,"  and  let  him 
slay  him  for  a  thief  who  can  come  at  him:  and  whoever  after 
that  shall  harbour  him.  let  him  pay  for  him  according  to  his 
"wer,"  or  by  it  clear  himself. 

27.  Of  Landless  Men 

From  the  Laws  of  King  Athelstan 

And  we  have  ordained:  if  any  landless  man  should  become 
a  follower  in  another  shire,  and  again  seek  his  kinsfolk;  that 
he  may  harbour  him  on  this  condition,  that  he  present  him  to 
folk-right  if  he  there  do  any  wrong,  or  make  "bot"  for  him. 

28.   Of  the  Doom  concerning  Hot  Iron  and  Water 

From  the  Laws  of  King  Athelstan 

And  concerning  the  ordeal  we  enjoin  by  command  of  God, 
and  of  the  archbishop,  and  of  all  bishops:  that  no  man  come 
within  the  church  after  the  fire  is  borne  in  with  which  the 
ordeal  shall  be  heated,  except  the  mass-priest,  and  him  who 
shall  go  thereto :  and  let  there  be  measured  nine  feet  from 
the  stake  to  the  mark,  by  the  man's  feet  who  goes  thereto. 
But  if  it  be  water,  let  it  be  heated  till  it  low  to  boiling.  And 
be  the  kettle  of  iron  or  of  brass,  of  lead  or  of  clay.  And  if 
it  be  a  single  accusation,  let  the  hand  dive  after  the  stone  up 


ANGLO-SAXON  LAWS  89 

to  the  wrist;  and  if  it  be  threefold,  up  to  the  elbow.  And 
when  the  ordeal  is  ready,  then  let  two  men  go  in  of  either 
side ;  and  be  they  agreed  that  it  is  so  hot  as  we  before  have 
said.  And  let  go  in  an  equal  number  of  men  of  either  side, 
and  stand  on  both  sides  of  the  ordeal,  along  the  church ;  and 
let  these  all  be  fasting,  and  abstinent  from  their  wives  on 
that  night ;  and  let  the  mass-priest  sprinkle  holy  water  over 
them  all,  and  let  each  of  them  taste  of  the  holy  water,  and 
give  them  all  the  book  and  the  image  of  Christ's  rood  to  kiss : 
and  let  no  man  mend  the  fire  any  longer  when  the  hallowing 
is  begun;  but  let  the  iron  lie  upon  the  hot  embers  till  the  last 
collect :  after  that,  let  it  be  laid  upon  the  "stapela" ;  and  let 
there  be  no  other  speaking  within,  except  that  they  earnestly 
pray  to  Almighty  God  that  he  make  manifest  what  is  sooth- 
est.  And  let  him  go  thereto ;  and  let  his  hand  be  enveloped, 
and  be  it  postponed  till  after  the  third  day,  whether  it  be 
foul  or  clean  within  the  envelope.  And  he  who  shall  break 
this  law,  be  the  ordeal  with  respect  to  him  void,  and  let  him 
pay  to  the  king  CXX.  shillings  as  "wite." 

"Wal-reaf"  is  a  "nithing's"  deed:  if  any  one  desire  to  deny 
it,  let  him  do  so  with  eight  and  forty  full-born  thanes. 

29.   Of  Wer-Gilds 

from  the  Laws  of King  At  he  1st  an 

1.  The   North   people's  king's   "gild"   is   XXX.   thousand 
"thrymsas";  fifteen  thousand  "thrymsas"  are  for  the  "wer- 
gild,"  and  XV.  thousand  for  the  "cyne-dom."     The  "wer" 
belongs  to  the  kindred,  and  the  "cyne-bot"  to  the  people. 

2.  An   archbishop's  and  an  atheling's   "wer-gild"   is   XV. 
thousand  "thrymsas." 

3.  A    bishop's    and    an    "ealdorman's,"    VIII.    thousand 
"thrymsas." 

4.  A    "hold's"    and    a    king's    high-reeve's,    IV.    thousand 
"thrymsas." 

5.  A    mass-thane's    and    a    secular    thane's,    II.    thousand 
"thrymsas.'' 

6.  A  "ceorl's"  "wer-gild"  is  CC.  and  LXVI.  "thrymsas," 
that  is  CC.  shillings  by  Mercian  law. 

7.  And  if  a  "Wilisc"-man  thrive  so  that  he  have  a  hide  of 
land,  and  can  bring  forth  the  king's  "gafol,"  then  is  his  "wer- 
gild"  CXX.  shillings.     And  if  he  thrive  not  except  to  half 
a  hide,  then  let  his  "wer"  be  LXXX.  shillings. 

8.  And  if  he  have  not  any  land,  and  yet  be  free,  let  him  be 
paid  for  with  LXX.  shillings. 


90  SOURCE-BOOK  OF  ENGLISH  HISTORY 

9.  And  if  a  "ceorlish"  man  thrive,  so  that  he  have  V.  hides 
of  land  for  the  king's  "ut-ware,"  and  any  one  slay  him,  let 
him  be  paid  for  with  two  thousand  "thrymsas." 

10.  And  though  he  thrive,  so  that  he  have  a  helm  and  coat 
of  mail,  and  a  sword  ornamented  with  gold,  if  he  have  not 
that  land,  he  is  nevertheless  a  "ceorl." 

11.  And  if  his  son  and  his  son's  son  so  thrive,  that  they 
have  so   much   land ;   afterwards,   the  offspring  shall  be  of 
"gesithcund"  race,  at  two  thousand   ["thrymsas"]. 

12.  And  if  they  have  not  that,  nor  to  that  can  thrive,  let 
them  be  paid  for  as  "ceorlish." 

30.   Of  People's  Ranks  and  Law 

From  the  Laws  of  King  Athelstan 

1.  It  was  whilom,  in  the  laws  of  the  English,  that  people 
and  law  went  by  ranks,  and  then  were  the  counsellors  of  the 
nation  of  worship  worthy,  each  according  to  his  condition, 
"eorl"  and  ''ceorl,"  "thegen"  and  "theoden." 

2.  And  if  a  "ceorl"  thrived,  so  that  he  had  fully  five  hides 
of  his  own  land,  church  and  kitchen,  bell-house  and  "burh"- 
gate-seat,  and  special  duty  in  the  king's  hall,  then  was  he 
thenceforth  of  thane-right  worthy. 

3.  And  if  a  thane  thrived,  so  that  he  served  the  king,  and 
on  his  summons,  rode  among  his  household;  if  he  then  had  a 
thane  who  him  followed,  who  to  the  king's  "ut-ware,"  five 
hides  had,  and  in  the  king's  hall  served  his  lord,  and  thrice 
with  his  errand  went  to  the  king;  he  might  thenceforth,  with 
his  "fore-oath,"  his  lord  represent,  at  various  needs,  and  his 
plaint  lawfully  conduct,  wheresoever  he  ought. 

4.  And  he  who  so  prosperous  a  vicegerent  had  not,  swore 
for  himself  according  to  his  right,  or  it  forfeited. 

5.  And  if  a  thane  thrived,  so  that  he  became  an  "eorl,"  then 
was  he  thenceforth  of  "eorl"-right  worthy. 

6.  And  if  a  merchant  thrived,  so  that  he  fared  thrice  over 
the  wide  sea  by  his  own  means ;  then  was  he  thenceforth  of 
thane-right  worthy. 

7.  And   if  there   a   scholar   were,   who   through   learning 
thrived,  so  that  he  had  holy  orders,  and  served  Christ ;  then 
was  he  thenceforth  of  rank  and  power  so  much  worthy,  as 
then  to  those  orders  rightfully  belonged,  if  he  himself  con- 
ducted so  as  he  should ;  unless  he  should  misdo,  so  that  he 
those  orders'  ministry  might  not  minister. 

8.  And  if  it  happened,  that  any  one  a  man  in  orders,  or  a 


ANGLO-SAXON  LAWS  9« 

stranger,  anywhere  injured,  by  word  or  work;  then  pertained 
it  to  king  and  to  the  bishop,  that  they  that  should  make  good, 
as  they  soonest  might. 

31.   This  is  the  Ordinance  how  the  Hundred  shall  be  Held 

From  ike  Laws  of  King  Edgar 

First,  that  they  meet  always  within  four  weeks :  and  that 
every  man  do  justice  to  another. 

2.  That  a  thief  shall  be  pursued . . . 

If  there  be  present  need,  let  it  be  made  known  to  the 
hundred-man,  and  let  him  [make  it  known]  to  the  tithing- 
men;  and  let  them  all  go  forth  to  where  God  may  direct  them 
to  go:  let  them  do  justice  on  the  thief,  as  it  was  formerly  the 
enactment  of  Edmund.  And  let  the  "ceap-gild"  be  paid  to 
him  who  owns  the  cattle,  and  the  rest  be  divided  into  two; 
half  to  the  hundred,  half  to  the  lord,  excepting  men;  and  let 
the  lord  take  possession  of  the  men. 

3.  And  the  man  who  neglects  this,  and  denies  the  doom  of 
the  hundred,  and  the  same  be  afterwards  proved  against  him ; 
let  him  pay  to  the  hundred  XXX.  pence,  and  for  the  second 
time  sixty  pence;  half  to  the  hundred,  half  to  the  lord.     If  he 
do  so  a  third  time,  let  him  pay  half  a  pound:  for  the  fourth 
time,  let  him  forfeit  all  that  he  owns,  and  be  an  outlaw,  un- 
less the  king  allow  him  to  remain  in  the  country. 

4.  And  we  have  ordained  concerning  unknown  cattle ;  that 
no  one  should  possess  it  without  the  testimonies  of  the  men 
of  the  hundred,  or  of  the  tithing-man ;  and  that  he  be  a  well 
trusty  man :  and,  unless  he  have  either  of  these,  let  no  vouch- 
ing to  warranty  be  allowed  him. 

5.  We  have  also  ordained:  if  the  hundred  pursue  a  track 
into  another  hundred,  that  notice  be  given  to  the  hundred- 
man,  and  that  he  then  go  with  them.     If  he  neglect  this,  let 
him  pay  thirty  shillings  to  the  king. 

6.  If  any  one  flinch  from  justice  and  escape,  let  him  who 
held  him  to  answer  for  the  offence  pay  the  "angylde."     And 
if  any  one  accuse  him  of  having  sent  him  away,  let  him  clear 
himself,  as  it  is  established  in  the  country. 

7.  In  the  hundred,  as  in  any  other  "gemot,"  we  ordain : 
that  folk-right  be  pronounced  in  every  suit,  and  that  a  term 
be  fixed  when  it  shall  be  fulfilled.     And  he  who  shall  break 
that  term,  unless  it  be  his  lord's  decree,  let  him  make  "bot" 
with  XXX.  shillings,  and,  on  the  day  fixed,  fulfil  that  which 
he  ought  to  have  done  before. 


92  SOURCE-BOOK  OF  ENGLISH  HISTORY 

8.  An  oxes  bell,  and  a  dog's  collar,  and  a  blast-horn ;  cither 
of  these  three  shall  be  worth  a  shilling,  and  each  is  reckoned 
an  informer. 

9.  Let  the  iron  that  is  for  the  threefold  ordeal  weigh  III 
pounds;  and  for  the  single,  one  pound. 

32.    Here  is  the  Ordinance  of  King  Edgar 

Front  the  L  aius  of  King  itdgar 

This  is  the  ordinance  that  King  Edgar,  with  the  counsel  of 
his  "witan,"  ordained,  in  praise  of  God,  and  in  honour  to 
himself,  and  for  the  behoof  of  all  his  people. 

These  then  are  first :  that  God's  churches  be  entitled  to 
every  right;  and  that  every  tithe  be  rendered  to  the  old 
minster  to  which  the  district  belongs;  and  that  be  then  so 
paid,  both  from  a  thane's  "in-land,"  and  from  "geneat-land," 
so  as  the  plough  traverses  it. 

Of  Church-Scots 

But  if  there  be  any  thane  who  on  his  "boc-land"  has  a 
church,  at  which  there  is  a  burial-place;  let  him  give  the 
third  part  of  his  own  tithe  to  his  church.  If  any  one  have  a 
church  at  which  there  is  not  a  burial-place,  then,  of  the  nine 
parts,  let  him  give  to  his  priest  what  he  will ;  and  let  every 
church-scot  go  to  the  old  minster,  according  to  every  free 
hearth ;  and  let  plough-alms  be  paid,  when  it  shall  be  fifteen 
days  over  Easter. 

33.    Of  Tithes 

From  the  I.aius  of  King  F.dgar 

And  let  a  tithe  of  every  young  be  paid  by  Pentecost ;  and 
of  the  fruits  of  the  earth  by  the  equinox ;  and  every  church- 
scot  by  Martinmass,  on  peril  of  the  full  "wite"  which  the 
doom-book  specifies:  and  if  any  one  will  not  then  pay  the 
tithe,  as  we  have  ordained,  let  the  king's  reeve  go  thereto, 
and  the  bishop's,  and  the  mass-priest  of  the  minster,  and  take 
by  force  a  tenth  part  for  the  minster  to  which  it  is  due;  and 
assign  to  him  the  ninth  part;  and  let  the  eight  parts  be  di- 
vided into  two,  and  let  the  land-lord  take  possession  of  half, 
half  the  bishop;  be  it  a  king's  man,  be  it  a  thane's. 

34.    Of  the  Hearth-Penny 

From  the  Laws  of  King  Edgar 

And  let  every  hearth-penny  be  rendered  by  St.  Peter's 
mass-day :  and  he  who  shall  not  have  paid  it  by  that  term,  let 
him  be  Jed  to  Rome,  and  in  addition  thereto  [pay]  XXX. 


ANGLO-SAXON  LAWS  93 

pence,  and  bring  then  a  certificate  thence,  that  he  has  there 
rendered  so  much  ;  and  when  he  comes  home,  pay  to  the  king 
a  hundred  and  twenty  shillings.  And  if  again  he  will  not 
pay  it,  let  him  be  led  again  to  Rome,  and  with  another  such 
"bot"  ;  and  when  he  comes  home  again,  pay  to  the  king  two 
hundred  shillings.  At  the  third  time,  if  he  then  yet  will  not, 
let  him  forfeit  all  that  he  owns. 

35.  Of  Festivals  and  Fasts 

from  the  Laws  of  King  Edgar 

And  let  the  festivals  of  every  Sunday  be  kept,  from  noon- 
tide of  the  Saturday,  till  the.  dawn  of  Monday,  on  peril  of  the 
"wite"  which  the  doom-book  specifies;  and  every  other  mass- 
day,  as  it  may  be  commanded:  and  let  every  ordained  fast  be 
kept  with  every  earnestness;  and  every  Friday's  fast,  unless 
it  be  a  festival  :  and  let  soul-scot  be  paid  for  every  Christian 
man  to  the  minster  to  which  it  is  due;  and  let  every  church- 
"grith"  stand  as  it  has  best  stood. 

36.   Secular  Ordinance 

From  the  Laws  of  King  Edgar 

Now  this  is  the  secular  ordinance  which  I  will  that  it  be 
held.  This  then  is  first  what  I  will  :  that  every  man  be 
worthy  of  "folk-right,"  as  well  poor  as  rich  :  and  that  right- 
eous dooms  be  judged  to  him;  and  let  there  be  such  remission 
in  the  "bot"  as  may  be  becoming  before  God  and  tolerable 
before  the  world. 


IN    CASE   ANY    ONE    APPLY    TO   THE    KING:    AND   OF   THE 

And  let  no  man  apply  to  the  king,  in  any  suit,  unless  he  at 
home  may  not  be  worthy  of  law,  or  cannot  obtain  law.  If 
the  law  be  too  heavy,  let  him  seek  a  mitigation  of  it  from  the 
king  :  and,  for  any  "bot"-worthy  crime,  let  no  man  forfeit 
more  than  his  "wer." 

OF    UNRIGHTEOUS    JUDGMENT 

And  let  the  judge  who  judges  wrong  to  another  pay  to  the 
king  one  hundred  and  twenty  shillings  as  "bot"  ;  unless  he 
dare  to  prove  on  oath,  that  he  knew  it  not  more  rightly  ;  and 
let  him  forfeit  forever  his  thaneship  ;  unless  he  will  buy  it  of 
the  king,  so  as  he  is  willing  to  allow  him  :  and  let  the  bishop 
of  the  shire  exact  the  "bot"  into  the  king's  hands. 

IN    CASE    ANY    ONE    ACCUSE    ANOTHER 

And  he  who  shall  accuse  another  wrongfully,  so  that  he, 
either  in  money  or  prosperity,  be  the  worse;  if  then  the  other 


94  SOURCE-BOOK  OF  ENGLISH  HISTORY 

can  disprove  that  which  any  one  would  charge  to  him;  be  he 
liable  in  his  tongue;  unless  he  make  him  compensation  with 
his  "wer." 

OF    GEMOTS 

And  let  the  huiidred-"gcm6t"  be  attended  as  it  was  before 
fixed;  and  thrice  in  the  year  let  a  "burh-gemot"  be  held;  and 
twice,  a  shire-"gemot" ;  and  let  there  be  present  the  bishop 
of  the  shire  and  the  "ealdorman,"  and  there  both  expound  the 
law  of  God  as  the  secular  law. 

OF  "BORHS" 

And  let  every  man  so  order  that  he  have  a  "borh" ;  and  let 
the  "borh"  then  bring  and  hold  him  to  every  justice;  and  if 
any  one  then  do  wrong  and  run  away,  let  the  "borh"  bear 
that  which  he  ought  to  bear.  But  if  it  be  a  thief,  and  if  he 
can  get  hold  of  him  within  twelve  months;  let  him  deliver 
him  up  to  justice,  and  let  be  rendered  to  him  what  he  before 
had  paid. 

OF  "TIHT-BYSIG"  PERSONS 

And  he  who  is  "tyht-bysig,"  and  is  untrue  to  the  people, 
and  has  shunned  these  "gemots"  thrice;  then  let  there  be 
chosen  from  the  "gemot"  those  who  shall  ride  to  him,  and 
then  let  him  yet  find  a  "borh"  if  he  can:  but  if  he  cannot,  let 
them  seize  him  as  they  can,  whether  alive  or  dead ;  and  take 
all  that  he  owns;  and  let  the  accuser  be  paid  an  "angylde"  for 
his  "ceap-gild":  and  let  the  lord  moreover  take  half,  half  the 
hundred;  and  if  either  a  kinsman  or  a  stranger  refuse  the 
riding,  let  him  pay  to  the  king  a  hundred  and  twenty  shil- 
lings: and  let  a  notorious  thief  seek  whatever  he  may  seek, 
or  he  who  is  found  plotting  against  his  lord,  so  that  they 
never  seek  life;  unless  the  king  will  grant  them  salvation  of 
life. 

«F    MONEY    AND    MEASURES 

And  let  one  money  pass  thoughout  the  king's  dominion ; 
and  that  let  no  man  refuse :  and  let  one  measure  and  one 
weight  pass;  such  as  is  observed  at  London  and  at  Win- 
chester; and  let  the  wey  of  wool  go  for  CXXX.  pence;  and 
let  no  man  sell  it  cheaper;  and  if  any  one  sell  ir  cheaper, 
either  publicly  or  privately,  let  each  pay  XL.  shillings  to  the 
king,  both  him  who  sells  it,  and  him  who  buys  it. 

This  then  is  what  I  will :  that  every  man  be  under  "borh," 
both  within  the  "burhs,"  and  without  the  "burns";  and  let 
witness  be  appointed  to  every  "burh"  and  to  every  hundred. 


ANGLO-SAXON  LAWS  95 

To  every  "burh,"  let  there  be  chosen  XXXIII.  as  witness. 

To  small  "burhs,"  and  in  every  hundred,  XII.;  unless  ye 
desire  more. 

And  let  every  man,  with  their  witness,  buy  and  sell  every 
of  the  chattels  that  he  may  buy  or  sell,  either  in  a  "burh"  or 
in  a  wapentake;  and  let  every  of  them,  when  he  is  first 
chosen  as  witness,  give  the  oath  that  he  never,  neither  for 
money,  nor  for  love,  nor  for  fear,  will  deny  any  of  those 
things  of  which  he  was  witness,  nor  declare  any  other  thing 
in  witness,  save  that  alone  which  he  saw  or  heard:  and  of 
such  sworn  men,  let  there  be  at  every  bargain  two  or  three  as 
witness. 


CHAPTER   VI 

THE   DANES    IN    ENGLAND 


37.   The  Danish  Invasions 

Anglo-Saxon  Chronicle 

The  Danish  invasions  of  England  extended  from  787  through 
three  centuries.  During  this  period  there  was  no  decade  free 
from  harrying  and  slaughter.  Ireland  and  Scotland  did  not 
escape  the  ravagers,  but  England  had  to  bear  the  brunt  of  the 
struggle.  The  Anglo-Saxon  Chronicle  tells  us  of  the  first  com- 
ing of  the  Danes  in  787,  and  then  marks  the  progress  of  the 
Danish  power  until  this  culminated  in  the  reign  of  Canute.  The 
selections  given,  from  the  Chronicle  and  from  ASSER'S  Life  of 
Alfred,  note  but  a  few  of  the  salient  points  in  the  history  of  the 
establishment  of  the  Danish  power.  The  works  cited  should  be 
consulted  for  details. 

A.  787.  This  year  king  Bertric  took  to  wife  Eadburga, 
king  Offa's  daughter;  and  in  his  day  first  came  three  ships 
of  Northmen,  out  of  Haeretha-land  [Denmark].  And  then 
the  reve  rode  to  the  place,  and  would  have  driven  them  to  the 
king's  town,  because  he  knew  not  who  they  were :  and  they 
there  slew  him.  These  were  the  first  ships  of  Danishmen 
which  sought  the  land  of  the  English  nation. 

A.  855.  This  year  the  heathen  men,  for  the  first  time, 
remained  over  winter  in  Sheppey:... 

A.  878.  This  year,  during  midwinter,  after  twelfth  night, 
the  army  stole  away  to  Chippenham,  and  overran  the  land  of 
the  West-Saxons,  and  sat  down  there ;  and  many  of  the 
people  they  drove  beyond  sea,  and  of  the  remainder  the 
greater  part  they  subdued  and  forced  to  obey  them,  except 
king  Alfred:  and  he,  with  a  small  band,  with  difficulty  re- 
treated to  the  woods  and  to  the  fastnesses  of  the  moors.  And 
the  same  winter  the  brother  of  Hingwar  and  of  Halfdene 
came  with  twenty-three  ships  to  Devonshire  in  Wessex ;  and 
he  was  there  slain,  and  with  him  eight  hundred  and  forty 

96 


THE  DANES  IN  ENGLAND  97 

men  of  his  army :  and  there  was  taken  the  war-flag  which 
they  called  the  RAVEN.  After  this,  at  Easter  king  Alfred 
with  a  small  band  constructed  a  fortress  at  Athelney;  and 
from  this  fortress,  with  that  part  of  the  men  of  Somerset 
which  was  nearest  to  it,  from  time  to  time  they  fought 
against  the  army.  Then  in  the  seventh  week  after  Easter 
he  rode  to  Brixton,  on  the  east  side  of  Selwood;  and  there 
came  to  meet  him  all  the  men  of  Somerset,  and  the  men  of 
Wiltshire,  and  that  portion  of  the  men  of  Hampshire  which 
was  on  this  side  of  the  sea;  and  they  were  joyful  at  his 
presence.  On  the  following  day  he  went  from  that  station 
to  Iglea  [Hey],  and  on  the  day  after  this  to  Heddington,  and 
there  fought  against  the  whole  army,  put  them  to  flight,  and 
pursued  them  as  far  as  their  fortress :  and  there  he  sat  down 
fourteen  days.  And  then  the  army  delivered  to  him  hostages, 
with  many  oaths,  that  they  would  leave  his  kingdom,  and  also 
promised  him  that  their  king  should  receive  baptism :  and 
this  they  accordingly  fulfilled.  And  about  three  weeks  after 
this  king  Gothrun  came  to  him,  with  some  thirty  men  who 
were  of  the  most  distinguished  in  the  army,  at  Aller,  which 
is  near  Athelney:  and  the  king  was  his  godfather  at  baptism; 
and  his  chrism-loosing  was  at  Wedmore :  and  he  was  twelve 
days  with  the  king;  and  he  greatly  honoured  him  and  his 
companions  with  gifts. 

(Anglo-Saxon  Chronicle,  for  years  given,  ed.  cited.) 

38.   Alfred  at  Athelney 

Asser 

ASSER,  a  monk  of  St.  David's,  afterward  Bishop  of  Sherborne. 
was  an  adviser  and  intimate  of  King  Alfred.  He  wrote  a  Life  of 
the  king,  which,  though  containing  few  facts  not  also  to  be  found 
in  the  Anglo-Saxon  Chronicle,  is  of  interest  and  value.  The 
following  selection  graphically  describes  the  period  of  discour- 
agement which  formed  the  prelude  to  the  victories  of  the  greatest 
of  the  early  English  kings,  as  well  as  the  battle  in  which  the 
power  of  the  Danes  was  overthrown. 

The  same  year,  after  Easter,  king  Alfred,  with  a  few  fol- 
lowers, made  for  himself  a  stronghold  in  a  place  called  Athel- 
ney, and  from  thence  sallied  with  his  vassals  and  the  nobles 
of  Somersetshire,  to  make  frequent  assaults  upon  the  pagans. 
Also,  in  the  seventh  week  after  Easter,  he  rode  to  the  stone 
of  Egbert,  which  is  in  the  eastern  part  of  the  wood  which  is 
called  Selwood,  which  means  in  Latin  Silva  Magna,  the 
Great  Wood,  but  in  British  Coit-mawr.  Here  he  was  met  by 
all  the  neighbouring  folk  of  Somersetshire,  and  Wiltshire, 
and  Hampshire,  who  had  not,  for  fear  of  the  pagans,  fled 


98  SOURCE-BOOK  OF  ENGLISH  HISTORY 

beyond  the  sea ;  and  when  they  saw  the  king  alive  after  such 
great  tribulation,  they  received  him,  as  he  deserved,  with  joy 
and  acclamations,  and  encamped  there  for  one  night.  When 
the  following  day  dawned,  the  king  struck  his  camp,  and  went 
to  Okely,  where  he  encamped  for  one  night.  The  next  morn- 
ing he  removed  to  Edington,  and  there  fought  bravely  and 
perseveringly  against  all  the  army  of  the  pagans,  whom,  with 
the  divine  help,  he  defeated  with  great  slaughter,  and  pur- 
sued them  flying  to  their  fortification.  Immediately  he  slew 
all  the  men,  and  carried  off  all  the  booty  that  he  could  find 
without  the  fortress,  which  he  immediately  laid  siege  to  with 
all  his  army;  and  when  he  had  been  there  fourteen  days,  the 
pagans,  driven  by  famine,  cold,  fear,  and  last  of  all  by  de- 
spair, asked  for  peace,  on  the  condition  that  they  should  give 
the  king  as  many  hostages  as  he  pleased,  but  should  receive 
none  of  him  in  return,  in  which  form  they  had  never  before 
made  a  treaty  with  any  one.  The  king,  hearing  that,  took 
pity  on  them,  and  received  such  hostages  as  he  chose ;  after 
which  the  pagans  swore,  moreover,  that  they  would  imme- 
diately leave  the  kingdom;  and  their  king,  Gothrun,  promised 
to  embrace  Christianity,  and  receive  baptism  at  king  Alfred's 
hands.  All  of  which  articles  he  and  his  men  fulfilled  as  they 
had  promised.  For  after  seven  weeks  Gothrun,  king  of  the 
pagans,  with  thirty  men  chosen  from  the  army,  came  to  Al- 
fred at  a  place  called  Aller,  near  Athelney,  and  there  king 
Alfred,  receiving  him  as  his  son  by  adoption,  raised  him  up 
from  the  holy  laver  of  baptism  on  the  eighth  day,  at  a  royal 
villa  named  Wedmore,  where  the  holy  chrism  was  poured 
upon  him.  After  his  baptism  he  remained  twelve  nights 
with  the  king,  who,  with  all  his  nobles,  gave  him  many  fine 
houses. 

(Asser's  Annals  of  the  Reign  of  Alfred  the  Great,  ed.  J.  A.  Giles, 
in  Six  Old  English  Chronicles,  London,  1872.) 

39.   Alfred  and  Guthrum's  Peace 

From  the  Laws  of  King  Alfred 

After  the  defeat  of  Guthrum  and  the  Danes  in  878.  a  peace 
was  sworn  between  the  rival  forces.  This  was  recorded  in  the 
treaty  of  Chippenham  —  sometimes  incorrectly  called  the  Peace 
of  Wedmore.  By  this  treaty.  England  was  divided  between 
Alfred  and  Guthrum,  and  laws  were  provided  for  the  government 
of  the  respective  portions. 

This  is  the  peace  that  king  Alfred,  and  king  Guthrum,  and 
the  "witan"  of  all  the  English  nation,  and  all  the  people  that 
are  in  East-Anglia,  have  all  ordained  and  with  oaths  con- 


THE  DANES  Itt  ENGLAND  $$ 

firmed,  for  themselves  and  for  their  descendants,  as  well  for 
born  as  for  unborn,  who  reck  of  God's  mercy  or  of  ours. 

1.  First,    concerning    our    land-boundaries:    up    on    the 
Thames,  and  then  up  on  the  Lea,  and  along  the  Lea  unto  its 
source,  then  right  to  Bedford,  then  up  the  Ouse  unto  Wat- 
ling-Street. 

2.  Then  is  this:  if  a  man  be  slain,  we  estimate  all  equally 
dear,  English  and  Danish,  at  VIII.  half-marks  of  pure  gold ; 
except  the   "ceorl"   who   resides  on   "gafol-land,"   and   their 
"liesings" :  they  also  are  equally  dear,  either  at  CC.  shillings. 

3.  And  if  a  king's  thane  be  accused  of  man-slaying,  if  he 
dare  to  clear  himself,  let  him  do  that  with  XII.  king's  thanes. 
If  any  one  accuse  that  man  who  is  of  less  degree  than  the 
king's  thane,  let  him  clear  himself  with  XI.  of  his  equals, 
and  with  one  king's  thane.     And  so  in  every  suit  which  may 
be  for  more  than  IV.  "mancuses."     And  if  he  dare  not,  let 
him  pay  for  it  three-fold,  as  it  may  be  valued. 

OF    WARRANTORS 

4.  And  that  every  man  know  his  warrantor  for  men,  and 
for  horses,  and  for  oxen. 

5.  And  we  all  ordained  on  that  day  that  the  oaths  were 
sworn,  that  neither  bond  nor  free  might  go  to  the  host  with- 
out leave,  no  more  than  any  of  them  to  us.     But  if  it  happen, 
that  from  necessity  any  of  them  will  have  traffic  with  us,  or 
we  with  them,  with  cattle  and  with  goods,  that  is  to  be  al- 
lowed in  this  wise ;  that  hostages  be  given  in  pledge  of  peace, 
and  as  evidence  whereby  it  may  be  known  that  the  party  has 
a  clean  back. 

(Ancient  Laws  and  Institutes  of  England,  ed.  cited. 

40.   The  Second  Period  of  Danish  Invasion 

Anglo-Saxon  Chronicle 

For  many  years  after  the  peace  between  Alfred  and  Guthrum 
the  Danes  refrained  from  attacking  England ;  this  not  so  much 
because  of  the  treaty,  as  because  of  the  strong  kings  who  suc- 
ceeded Alfred.  But  with  ^thelred  the  Redeless  came  the  second 
series  of  invasions.  These  led  to  the  overthrow  of  the  English 
kings  and  the  establishment  of  Canute  upon  the  throne. 

A.  980.  In  this  year  abbat  Ethelgar  was  consecrated  bishop 
on  the  6th  before  the  Nones  of  May,  to  the  episcopal  seat  at 
Selsey.  And  in  the  same  year  was  Southampton  ravaged 
by  a  ship-force,  and  the  most  part  of  the  townsmen  slain,  -and 
led  captive.  And  that  same  year  was  Thanet-land  ravaged 


ioo  SOURCE-BOOK  OF  ENGLISH  HISTORY 

by  a  ship-force,  and  the  most  part  of  the  townsmen  slain,  and 
led  captive.  And  that  same  year  \vas  Legecester-shire 
[Chester]  ravaged  by  a  northern  ship-force.  In  this  year 
St.  Dunstan  and  Alfere  the  ealdorman  fetched  the  holy  king's 
body,  St.  Edward's,  from  Warcham,  and  bore  it  with  much 
solemnity  to  Shaftsbury. 

A.  991.  This  year  was  Ipswich  ravaged;  and  after  that, 
very  shortly,  was  Britnoth  the  ealdorman  slain  at  Maldon. 
And  in  that  year  it  was  decreed  that  tribute,  for  the  first  time, 
should  be  given  to  the  Danish-men,  on  account  of  the  great 
terror  which  they  caused  by  the  sea-coast ;  that  was  at  first 
ten  thousand  pounds:  this  counsel  was  first  given  by  arch- 
bishop Siric. 

A.  994.  In  this  year  came  Olave  and  Sweyn  to  London, 
on  the  nativity  of  St.  Mary,  with  ninety- four  ships ;  and  they 
then  continued  fighting  stoutly  against  the  city,  and  would 
also  have  set  fire  to  it.  But  they  there  sustained  more  harm 
and  evil  than  they  ever  supposed  that  any  citizens  would  be 
able  to  do  unto  them.  But  the  holy  mother  of  God,  on  that 
day,  shewed  her  mercy  to  the  citizens  and  delivered  them 
from  their  foes.  And  they  then  went  thence,  and  wrought 
the  utmost  evil  that  ever  any  army  could  do,  by  burning,  and 
plundering,  and  by  man-slaying,  both  by  the  sea-coast  and 
among  the  East-Saxons,  and  in  the  land  of  Kent,  and  in  Sus- 
sex, and  in  Hampshire.  And  at  last  they  took  to  themselves 
horses,  and  rode  as  far  as  they  would,  and  continued  doing 
unspeakable  evil.  Then  the  king  and  his  witan  decreed  that 
they  should  be  sent  to,  and  promised  tribute  and  food,  on  con- 
dition that  they  should  cease  from  their  plundering:  which 
terms  they  accepted.  And  then  all  the  army  came  to  South- 
ampton, and  there  took  up  their  winter-quarters :  and  there 
they  were  victualled  from  all  the  realm  of  the  West-Saxons, 
and  they  were  paid  sixteen  thousand  pounds  of  money.  Then 
the  king  sent  bishop  Elphege  [II.]  and  Ethelwerd  the  ealdor- 
man after  king  Olave,  and  the  while,  hostages  were  delivered 
to  the  ships;  and  they  then  led  Olave  with  much  worship  to 
the  king  at  Andover.  And  king  Ethelred  received  him  at 
the  bishop's  hands,  and  royally  gifted  him.  And  then  Olave 
made  a  covenant  with  him,  even  as  he  also  fulfilled,  that  he 
never  again  would  come  hostilely  to  the  English  nation. 
k  ........  ......... 

A.   1002.     . . .  And  in  that  year  the  king  ordered  all  the 


THE  DANES  IN  ENGLAND  101 

Danish-men  who  were  in  England  to  be  slain.     This  was 
done  on  St.  Brice's  mass-day  . . . 

A.  ion.  In  this  year  sent  the  king  and  his  witan  to  the 
army,  and  desired  peace,  and  promised  them  tribute  and  food, 
on  condition  that  they  would  cease  from  their  plundering. 
They  had  then  overrun,  ist,  East-Anglia,  and  2d,  Essex,  and 
3d,  Middlesex,  and  4th,  Oxfordshire,  and  5th,  Cambridge- 
shire, and  6th,  Hertfordshire,  and  7th,  Buckinghamshire, 
and  8th,  Bedfordshire,  and  Qth,  half  of  Huntingdonshire,  and 
loth,  much  of  Northamptonshire ;  and  south  of  Thames,  all 
Kent,  and  Sussex,  and  Hastings,  and  Surry,  and  Berkshire, 
and  Hampshire,  and  much  of  Wiltshire.  All  these  misfor- 
tunes befel  us  through  unwise  counsel,  that  they  were  not  in 
time  offered  tribute,  or  fought  against ;  but  when  they  had 
done  the  most  evil,  then  peace  and  truce  were  made  with 
them.  And  nevertheless,  for  all  the  truce  and  tribute,  they 
went  everywhere  in  bands,  and  plundered  our  miserable 
people,  and  robbed  and  slew  them  . . . 

A.  1016.  . . .  The  army  then  went  again  up  into  Essex,  and 
passed  into  Mercia,  and  destroyed  whatever  it  over-ran. 

When  the  king  learned  that  the  army  was  upward,  then 
assembled  he,  for  the  fifth  time,  all  the  English  nation,  and 
followed  after  them,  and  overtook  them  in  Essex,  at  the 
down  which  is  called  Assingdon :  and  there  they  strenuously 
joined  battle.  Then  did  Edric  the  ealdorman,  as  he  had  oft 
before  done,  begin  the  flight  first  with  the  Maisevethians, 
and  so  betrayed  his  royal  lord  and  the  whole  people  of  the 
English  race.  There  Canute  had  the  victory;  and  all  the 
English  nation  fought  against  him  . . . 

A.  1017.  In  this  year  king  Canute  obtained  the  whole 
realm  of  the  English  race,  and  divided  it  into  four  parts : 
Wessex  to  himself,  and  East-Anglia  to  Thurkill,  and  Mercia 
to  Edric,  and  North-humbria  to  Eric. 

A.  1017.    This  year  Canute  was  chosen  king. 

(Anglo-Saxon  Chronicle  for  years  given,  ed.  cited.) 

41 .   The  Laws  of  Canute 

Front  the  Laws  of  King  Canute. 

The  examples  of  the  laws  of  the  Danish  kings  of  England 
prove,  among  other  things,  the  continuity  of  the  legal  principles 
developed  in  the  days  of  the  Anglo-Saxon  kings.  They  also 
demonstrate  the  justice  and  equity  of  Canute,  a  king  whose  great- 
ness endeared  him,  despite  his  alien  birth,  to  that  heterogeneous 
mass  which  was  called  the  English  People. 


io2  SOURCE-BOOK  OF  ENGLISH  HISTORY 

THAT   EVERY    MAN    SHALL   BE    IN    A   TITHING 

And  we  will,  that  every  freeman  be  brought  into  a  hundred, 
and  into  a  tithing,  who  wishes  to  be  entitled  to  "lad"  or  to 
"wer,"  in  case  any  one  shall  slay  him  after  he  is  XII.  years 
of  age ;  or  let  him  not  afterwards  be  entitled  to  any  free 
rights,  be  he  "heorth-fiest,"  be  he  follower.  And  that  every 
one  be  brought  into  a  hundred  and  in  "borh" ;  and  let  the 
"borh"  hold  and  lead  him  to  every  plea.  Many  a  powerful 
man  will,  if  he  can  and  may,  defend  his  man  in  whatever  way 
it  seems  to  him  that  he  may  the  more  easily  defend  him ; 
whether  as  a  freeman  or  a  "theow."  But  we  will  not  allow 
that  injustice. 

SECULAR   DOOMS 

Cap.  17.  And  let  no  one  apply  to  the  king  unless  he  may 
not  be  entitled  to  any  justice  within  his  hundred ;  and  let  the 
hundred  gemot  be  applied  to  under  penalty  or  the  "wite,"  so 
as  it  is  right  to  apply  to  it. 

Cap.  18.  And  thrice  a  year  let  there  be  a  "burh-gemot," 
and  twice  a  "shire-gemot" ;  under  penalty  of  the  "wite,"  as  is 
right,  unless  there  be  need  oftener.  And  let  there  be  present 
the  bishop  of  the  shire  and  the  ealdorman,  and  there  let  both 
expound  as  well  the  law  of  God  as  the  secular  law. 

Cap.  19.  And  let  no  man  take  any  distress  either  in  the 
shire  or  out  of  the  shire,  before  he  has  twice  demanded  his 
right  in  the  hundred.  If  at  the  third  time  he  have  no  jus- 
tice, then  let  him  go  at  the  fourth  time  to  the  "shire-gemot," 
and  let  the  shire  appoint  him  a  fourth  term.  If  that  then 
fail,  let  him  take  leave  either  from  hence  or  from  thence, 
that  he  may  seize  his  own. 

Cap.  20.  And  we  will  that  every  free  man  be  brought  into 
a  hundred  and  a  tithing .  .  .  And  that  every  one  be  brought 
into  a  hundred  and  in  "borh" ;  and  let  the  "borh"  hold  and 
lead  him  to  every  plea  .  .  . 

Cap.  21.  And  we  will  that  every  man  above  XII.  years 
make  oath  that  he  will  neither  be  a  thief  nor  cognisant  of 
theft. 

Cap.  70.  This  then  is  the  alleviation  which  it  is  my  will 
to  secure  to  all  the  people  of  that  which  they  before  this  were 
too  much  oppressed  with.  That  then  is  first;  that  I  com- 
mand all  my  reeves  that  they  justly  provide  on  my  own,  and 
maintain  me  therewith ;  and  that  no  man  need  give  them 
anything  as  "feorm-fultum"  unless  he  himself  be  willing. 
And  if  any  one  after  that  demand  a  "wite,"  let  him  be  liable 
in  his  "wer"  to  the  king. 


THE  DANES  IN  ENGLAND  103 

Cap.  71.  And  if  any  one  depart  this  life  intestate,  be  it 
through  his  neglect,  be  it  through  sudden  death;  then  let  not 
the  lord  draw  more  from  his  property  than  his  lawful  heriot. 
And  according  to  his  direction,  let  the  property  be  distributed 
very  justly  to  the  wife  and  children  and  relations,  to  every 
one  according  to  the  degree  that  belongs  to  him. 

Cap.  72.  And  let  the  heriots  be  as  it  is  fitting  to  the 
degree.  An  elor's  such  as  thereto  belongs,  that  is,  eight 
horses,  four  saddled  and  four  unsaddled,  and  four  helmets 
and  four  coats  of  mail,  and  eight  spears  and  as  many  shields, 
and  four  swords  and  200  mancuses  of  gold.  And  after  that, 
a  king's  thegn's,  of  those  who  are  nearest  to  him ;  four  horses, 
two  saddled  and  two  unsaddled,  and  two  swords  and  four 
spears  and  as  many  shields,  and  a  helmet  and  a  coat  of  mail 
and  fifty  mancuses  of  gold.  And  of  the  medial  thegns,  a 
horse  and  his  trappings  and  his  arms;  or  his  "healsfang"  in 
Wessex ;  ana  in  Mercia  two  pounds ;  and  in  East  Anglia  two 
pounds.  And  the  heriot  of  a  king's  thegn  among  the  Danes, 
who  has  his  soken,  four  pounds.  And  if  he  have  further 
relation  to  the  king,  two  horses,  one  saddled  and  the  other 
unsaddled,  and  one  sword  and  two  spears  and  two  shields 
and  fifty  mancuses  of  gold ;  and  he  who  is  of  less  means,  two 
pounds. 

Cap.  81.  And  I  will  that  every  man  be  entitled  to  his  hunt- 
ing in  wood  and  in  field,  on  his  own  possession.  And  let 
every  one  forego  my  hunting:  take  notice  where  I  will  have 
it  untrespassed  on,  under  penalty  of  the  full  "wite." 

Cap.  83.  And  I  will  that  every  man  be  entitled  to  "grith" 
to  the  "gemot"  and  from  the  "gemot,"  except  he  be  a  noto- 
rious thief.  (Ancient  Laws  and  Institutes  of  England,  t&.  Thorpe.) 

42.   Charter  of  Canute 

York  Gosfiel  Book 

The  Charter  of  Liberties  given  by  Canute  should  be  studied  in 
connection  with  those  later  charters  which  render  notable  the 
reigns  of  Henry  I.  and  John.  The  even-handed  justice  assured 
to  all  men,  both  English  and  Danes,  finds  a  parallel  in  the  laws 
enforced  by  William  the  Conqueror. 

Canute,  the  king,  greets  his  archbishops  and  his  suffragan 
bishops,  and  Thurcyl  the  earl,  and  all  his  earls  and  all  his 
people,  twelfhynde  and  twyhynde,  clerk  and  lay,  in  England, 
friendly ;  and  I  do  you  to  wit  that  I  will  be  kind  lord  and  un- 
failing to  God's  rights  and  to  right  secular  law.  I  took  to 
my  remembrance  the  writing  and  the  word  that  archbishop 
Lyfing  brought  me  from  Rome  from  the  Pope,  that  I  should 


io4  SOURCE-BOOK  OF  ENGLISH  HISTORY 

everywhere  maintain  the  glory  of  God  and  put  down  wrong, 
and  work  full  peace  by  the  might  that  God  would  give  me. 
Now  I  shrank  not  from  my  cost  while  hostility  was  in  hand 
among  you ;  now  I  with  God's  help  took  away  at  my  cost 
that  of  which  men  told  me  that  it  threatened  me  with  more 
harm  than  well  pleased  us;  and  then  went  I  myself  into  Den- 
mark, with  the  men  that  went  with  me,  from  whence  most 
harm  came  to  you ;  and  that  have  I  with  God's  help  taken 
precautions  for  that  never  henceforth  should  enmity  come  to 
you  from  thence  whilst  ye  men  rightly  hold,  and  my  life 
lasteth.  Now  I  thank  God  Almighty  for  his  help  and  mercy, 
that  I  have  so  allayed  the  great  harms  that  threatened  us, 
that  we  need  expect  from  thence  no  harm,  but  to  full  peace 
and  to  deliverance  if  need  be.  Now  I  will  that  we  all  rever- 
ently thank  God  Almighty  for  the  mercy  that  he  has  done  for 
our  help.  Now  I  beseech  my  archbishops  and  all  my  suf- 
fragan bishops  that  they  all  be  attentive  about  God's  right, 
every  one  in  his  district  which  is  committed  to  him;  and 
also  my  ealdormen  I  command  that  they  help  the  bishops  to 
God's  right  and  to  my  royal  authority  and  to  the  behoof  of 
all  the  people.  If  any  be  so  bold,  clerk  or  lay,  Dane  or  Eng- 
lish, as  to  go  against  God's  law  and  against  my  royal  author- 
ity, or  against  secular  law,  and  be  unwilling  to  make  amends, 
and  to  alter  according  to  my  bishop's  teaching,  then  I  pray 
Thurcyl  my  earl,  and  also  command  him,  that  he  bend  that 
unrighteous  one  to  right  if  he  can;  if  he  cannot,  then  will  I 
with  the  strength  of  us  both  that  he  destroy  him  in  the  land 
or  drive  him  from  out  of  the  land,  be  he  better,  be  he  worse ; 
and  also  I  command  all  my  reeves,  by  my  friendship  and  by 
all  that  they  own,  and  by  their  own  life,  that  they  everywhere 
hold  my  people  rightly  and  do  judge  right  judgments  by  the 
shire  bishop's  witness,  and  do  such  mercy  therein  as  the  shire' 
bishop  thinks  right,  as  a  man  may  attain  to;  and  if  any  har- 
bour a  thief,  or  neglect  the  pursuit,  be  he  answerable  to  me 
as  the  thief  should,  unless  he  can  clear  himself  towards  me 
with  full  purgation.  And  I  will  that  all  people,  clerk  and  lay, 
hold  fast  Edgar's  law,  which  all  men  have  chosen  and  sworn 
to  at  Oxford,  for  that  all  the  bishops  say  that  it  right  deeply 
offends  God,  that  a  man  break  oaths  or  pledges;  and  like- 
wise they  further  teach  us  that  we  should  with  all  might  and 
main,  alike  seek,  love,  and  worship  the  eternal  merciful  God. 
and  eschew  all  unrighteousness;  that  is,  slaying  of  kinsmen, 
and  murder,  and  perjury,  and  witchcraft  and  enchantment, 
and  adultery,  and  incest;  and  also  they  charge  in  the  name  of 


THE  DANES  IN  ENGLAND  105 

God  Almighty,  and  of  all  his  saints,  that  no  man  be  so  bold 
as  to  marry  a  hallowed  nun  or  mynchen;  and  if  any  have 
done  so,  be  he  outlaw  towards  God,  and  excommunicated 
from  all  Christendom,  and  answerable  to  the  king  in  all  he 
has,  unless  he  quickly  alter  and  deeply  make  amends  to  God ; 
and  further  still,  we  admonish  that  men  keep  Sunday's  festi- 
val with  all  their  might,  and  observe  it  from  Saturday's  noon 
to  Monday's  dawning;  and  no  man  be  so  bold  that  he  either 
go  to  market  or  seek  any  court  on  that  holy  day ;  and  all  men, 
poor  and  rich,  seek  their  church,  and  ask  forgiveness  for 
their  sins,  and  keep  earnestly  every  ordained  fast,  and  earn- 
estly honour  the  saints  that  the  mass  priests  shall  bid  us,  that 
we  may  altogether  through  the  mercy  of  the  everlasting  God 
and  the  intercession  of  his  saints  come  to  the  joy  of  the  king- 
dom of  heaven,  and  dwell  with  him  who  liveth  and  reigneth 
for  ever  without  end.  Amen. 

(Select  Charters  and  other  Illustrations  of  English  Constitutional  History,  from 
the  Earliest  Times  to  the  Reign  of  'Edward  I. ,  ed.  William  Stubbs,  Oxford,  1870.) 

43.   Letter  of  Canute  to  his  People 

Florence  of  Worcester 

The  letter  of  Canute  to  his  people  after  his  return  from  Rome 
is  of  great  value  because  of  the  insight  into  the  king's  character 
given  in  its  quaint  phraseology. 

Canute,  king  of  all  England,  and  of  Denmark,  Norway,  and 
part  of  Sweden,  to  Ethelnote,  metropolitan,  and  Alfric,  arch- 
bishop of  York,  and  to  all  the  bishops  and  prelates,  and  to  the 
whole  nation  of  the  English,  both  the  nobles  and  the  com- 
mons, greeting :  — 

I  notify  to  you  that  I  have  lately  taken  a  journey  to  Rome, 
to  pray  for  the  forgiveness  of  my  sins,  and  for  the  welfare  of 
my  dominions,  and  the  people  under  my  rule.  I  had  long 
since  vowed  this  journey  to  God,  but  I  have  been  hitherto 
prevented  from  accomplishing  it  by  the  affairs  of  my  king- 
dom and  other  causes  of  impediment.  I  now  return  most 
humble  thanks  to  my  God  Almighty  for  suffering  me  in  my 
lifetime  to  visit  the  sanctuary  of  his  apostles,  SS.  Peter  and 
Paul,  and  all  others  which  I  could  find  either  within  or  with- 
out the  city  of  Rome,  and  there  in  person  reverentially  wor- 
ship according  to  my  desire.  I  have  performed  this  chiefly, 
because  I  have  learnt  from  wise  men  that  St.  Peter  the 
apostle  has  received  from  God  great  power  in  binding  and  in 
loosing,  and  carries  the  keys  of  the  kingdom  of  heaven ;  and 
therefore  I  esteemed  it  very  profitable  to  seek  his  special 
patronage  with  the  Lord, 


io6  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Be  it  known  to  you  that,  at  the  celebration  of  Easter,  a 
great  assembly  of  nobles  was  present  with  our  lord,  the  pope 
John,  and  Conrad  the  emperor ;  that  is  to  say,  all  the  princes 
of  the  nations  from  Mount  Garganus  to  the  neighbouring  sea. 
All  these  received  me  with  honour  and  presented  me  with 
magnificent  gifts;  but  more  especially  was  I  honoured  by  the 
emperor  with  various  gifts  and  valuable  presents,  both  in 
gold  and  silver  vessels,  and  in  palls  and  very  costly  robes. 
I  spoke  with  the  emperor  himself,  and  the  lord  pope,  and  the 
princes  who  were  there,  in  regard  to  the  wants  of  my  people, 
English  as  well  as  Danes;  that  there  should  be  granted  to 
them  more  equal  justice  and  greater  security  in  their  jour- 
neys to  Rome,  and  that  they  should  not  be  hindered  by  so 
many  barriers  on  the  road,  nor  harassed  by  unjust  tolls.  The 
emperor  assented  to  my  demands,  as  well  as  king  Rodolph,  in 
whose  dominions  these  barriers  chiefly  stand;  and  all  the 
princes  made  edicts  that  my  people,  the  merchants  as  well  as 
those  who  go  to  pay  their  devotions,  shall  pass  to  and  fro  in 
their  journeys  to  Rome  in  peace,  and  under  the  security  of 
just  laws,  free  from  all  molestation  by  the  guards  of  barriers 
or  the  receivers  of  tolls.  I  made  further  complaint  to  my 
lord  the  pope,  and  expressed  my  high  displeasure,  that  my 
archbishops  are  sorely  aggrieved  by  the  demand  of  immense 
sums  of  money,  when,  according  to  custom,  they  resort  to  the 
apostolical  see  to  obtain  the  pallium;  and  it  is  decreed  that  it 
should  no  longer  be  done.  All  things,  therefore,  which  I  re- 
quested for  the  good  of  my  people  from  my  lord  the  pope,  and 
the  emperor,  and  king  Rodolph,  and  the  other  princes  through 
whose  territories  our  road  to  Rome  lies,  they  have  most  freely 
granted,  and  even  ratified  their  concessions  by  oath ;  to  which 
four  archbishops,  twenty  bishops,  and  an  innumerable  multi- 
tude of  dukes  and  nobles  who  were  there  present,  are  wit- 
nesses. Wherefore  I  return  most  hearty  thanks  to  Almighty 
God  for  my  having  successfully  accomplished  all  that  I  had 
desired,  as  I  had  resolved  in  my  mind,  and  having  satisfied 
my  wishes  to  the  fullest  extent. 

Be  it  known  therefore  to  all  of  you,  that  I  have  humbly 
vowed  to  the  Almighty  God  himself  henceforward  to  amend 
my  life  in  all  respects,  and  to  rule  the  kingdom  and  the  people 
subject  to  me  with  justice  and  clemency,  giving  equitable 
judgments  in  all  matters;  and  if.  through  the  intemperance 
of  youth  or  negligence,  I  have  hitherto  exceeded  the  bounds 
of  justice  in  any  of  my  acts,  I  intend  by  God's  aid  to  make 
an  entire  change  for  the  better.  I  therefore  adjure  and  com- 


THE  DANES  IN  ENGLAND  107 

mand  my  counsellors  to  whom  I  have  entrusted  the  affairs  of 
my  kingdom,  that  henceforth  they  neither  commit  themselves, 
nor  suffer  to  prevail,  any  sort  of  injustice  throughout  my 
dominions,  either  from  fear  of  me,  or  from  favour  to  any 
powerful  person.  I  also  command  all  sheriffs  and  magis- 
trates throughout  my  whole  kingdom,  as  they  tender  my 
regard  and  their  own  safety,  that  they  use  no  unjust  violence 
to  any  man,  rich  or  poor,  but  that  all,  high  and  low,  rich  or 
poor,  shall  enjoy  alike  impartial  law ;  from  which  they  are 
never  to  deviate,  either  on  account  of  royal  favour,  respect 
of  person  in  the  great,  or  for  the  sake  of  amassing  money 
wrongfully,  for  I  have  no  need  to  accumulate  wealth  by 
iniquitous  exactions. 

I  wish  you  further  to  know  that,  returning  by  the  way  I 
went,  I  am  now  going  to  Denmark  to  conclude  a  treaty  for  a 
solid  peace,  all  the  Danes  concurring,  with  those  nations  and 
peoples  who  would  have  taken  my  life  and  crown  if  it  had 
been  possible;  but  this  they  were  not  able  to  accomplish,  God 
bringing  their  strength  to  nought.  —  May  He,  of  his  merciful 
kindness,  uphold  me  in  my  sovereignty  and  honour,  and 
henceforth  scatter  and  bring  to  nought  the  power  and  might 
of  all  my  adversaries !  When,  therefore,  I  shall  have  made 
peace  with  the  surrounding  nations,  and  settled  and  reduced 
to  order  all  my  dominions  in  the  East,  so  that  we  shall  have 
nothing  to  fear  from  war  or  hostilities  in  any  quarter,  I  pro- 
pose to  return  to  England  as  early  in  the  summer  as  I  shall 
be  able  to  fit  out  my  fleet.  I  have  sent  this  epistle  before 
me  in  order  that  my  people  may  be  gladdened  at  my  success; 
because,  as  you  yourselves  know,  I  have  never  spared,  nor 
will  I  spare,  myself  or  my  exertions,  for  the  needful  service 
of  my  whole  people.  I  now  therefore  command  and  adjure 
all  my  bishops  and  the  governors  of  my  kingdom,  by  the  duty 
they  owe  to  God  and  myself,  to  take  care  that  before  I  come 
to  England  all  dues  belonging  to  God,  according  to  the  old 
laws,  be  fully  discharged;  namely,  plough-alms,  the  tythe  of 
animals  born  in  the  current  year,  and  the  pence  payable  to 
St.  Peter  at  Rome,  whether  from  towns  or  vills;  and  in  the 
middle  of  August  the  tythes  of  corn ;  and  at  the  feast  of  St. 
Martin  the  first-fruits  of  grain  [payable]  to  every  one's 
parish  church,  called  in  English  ciric-sceat.  If  these  and 
such-like  dues  be  not  paid  before  I  come,  those  who  make 
default  will  incur  fines  to  the  king,  according  to  the  law, 
which  will  be  strictly  inforced  without  mercy.  Farewell. 

(Chronicle  of  Florence  of  Worcester, for  year  IOJT,  trans,  by  T.Forester,  Lond.,  1854.) 


PART  III 

FROM  THE  CONQUEST  TO  THE 
CHARTER 

(IO66-I2I5) 


109 


CHAPTER  VII 

THE    NORMAN    RULE 


44.  Invasion  of  England  by  Harold  Hardrada  and  Tostig  —  Invasion 
by  William,  Duke  of  Normandy  —  Battle  of  Stamford  Bridge  — 
Battle  of  Hastings 

Ordericus  Vitalis 

No  good  contemporary  account  of  the  invasion  of  the  Nor- 
mans exists.  The  writers  of  the  succeeding  century  are  quite  as 
unsatisfactory  as  their  predecessors.  The  account  by  ORDERICUS 
VITALIS  (1075  to  circa  1143)  which  is  given  below,  though  erro- 
neous in  many  particulars,  presents  the  most  vivid  description 
of  the  fall  of  Harold  which  remains  to  us.  Vitalis  was  an 
Englishman,  born  on  the  banks  of  the  Severn.  His  life  was 
spent  in  the  study  of  history,  in  collecting  historical  materials, 
and  in  writing  his  Ecclesiastical  History  of  England  and  Nor- 
mandy. Though  it  is  marred  by  inaccuracies,  it  is  valuable  as 
a  source  of  the  history  of  the  Norman  Period. 

In  the  month  of  August,  Harold,  king  of  Norway,  and 
Tostig,  with  a  powerful  fleet  set  sail  over  the  wide  sea,  and, 
steering  for  England  with  a  favourable  aparctic,or  north  wind, 
landed  in  Yorkshire,  which  was  the  first  object  of  their  in- 
vasion. Meanwhile,  Harold  of  England,  having  intelligence 
of  the  descent  of  the  Norwegians,  withdrew  his  ships  and 
troops  from  Hastings  and  Pevensey,  and  the  other  sea-ports 
on  the  coast  lying  opposite  to  Neustria,  which  he  had  care- 
fully guarded  with  a  powerful  armament  during  the  whole  of 
the  year,  and  threw  himself  unexpectedly,  with  a  strong  force 
by  hasty  marches  on  his  enemies  from  the  north.  A  hard- 
fought  battle  ensued,  in  which  there  was  great  effusion  of 
blood  on  both  sides,  vast  numbers  being  slain  with  brutal 
rage.  At  last  the  furious  attacks  of  the  English  secured 
them  the  victory,  and  the  king  of  Norway  as  well  as  Tostig, 
with  their  whole  army,  were  slain.  The  field  of  battle  may 
be  easily  discovered  by  travellers,  as  great  heaps  of  the  bones 
of  the  slain  lie  there  to  this  day,  memorials  of  the  prodigious 
numbers  which  fell  on  both  sides. 

in 


ii2  SOURCE-BOOK  OP  ENGLISH  HISTORY 

While  however  the  attention  of  the  English  was  diverted 
by  the  invasion  of  Yorkshire,  and  by  God's  permission  they 
neglected,  as  I  have  already  mentioned,  to  guard  the  coast, 
the  Norman  fleet,  which  for  a  whole  month  had  been  waiting 
for  a  south  wind  in  the  mouth  of  the  river  Dive  and  the 
neighbouring  harbours,  took  advantage  of  a  favourable  breeze 
from  the  west  to  gain  the  roads  of  St.  Valeri.  While  it  lay 
there  innumerable  vows  and  prayers  were  offered  for  the 
safety  of  themselves  and  their  friends,  and  floods  of  tears 
were  shed.  For  the  intimate  friends  and  relations  of  those 
who  were  to  remain  at  home,  witnessing  the  embarkation  of 
fifty  thousand  knights  and  men-at-arms,  with  a  large  body  of 
infantry,  who  had  to  brave  the  dangers  of  the  sea,  and  to 
attack  an  unknown  people  on  their  own  soil,  were  moved  to 
tears  and  sighs,  and  full  of  anxiety  both  for  themselves  and 
their  countrymen,  their  minds  fluctuating  between  fear  and 
hope.  Duke  William  and  the  whole  army  committed  them- 
selves to  God's  protection,  with  prayers,  and  offerings,  and 
vows,  and  accompanied  a  procession  from  the  church,  carry- 
ing the  relics  of  St.  Valeri,  confessor  of  Christ,  to  obtain  a 
favorable  wind.  At  last  when  by  God's  grace  it  suddenly 
came  round  to  the  quarter  which  was  the  object  of  so  many 
prayers,  the  duke,  full  of  ardour,  lost  no  time  in  embarking 
the  troops,  and  giving  the  signal  for  hastening  the  departure 
of  the  fleet.  The  Norman  expedition,  therefore,  crossed  the 
sea  on  the  night  of  the  third  of  the  calends  of  October  [29th 
September],  which  the  Catholic  Church  observes  as  the  feast 
of  St.  Michael  the  archangel,  and  meeting  with  no  resistance, 
and  landing  safely  on  the  coast  of  England,  took  possession 
of  Pevensey  and  Hastings,  the  defence  of  which  was  en- 
trusted to  a  chosen  body  of  soldiers,  to  cover  a  retreat  and 
guard  the  fleet. 

Meanwhile  the  English  usurper,  after  having  put  to  the 
sword  his  brother  Tostig,  and  his  royal  enemy,  and  slaugh- 
tered their  immense  army,  returned  in  triumph  to  London. 
As  however  wordly  prosperity  soon  vanishes  like  smoke  be- 
fore the  wind,  Harold's  rejoicings  for  his  bloody  victory 
were  soon  darkened  by  the  threatening  clouds  of  a  still 
heavier  storm.  Nor  was  he  suffered  long  to  enjoy  the  secu- 
rity procured  by  his  brother's  death ;  for  a  hasty  messenger 
brought  him  the  intelligence  that  the  Normans  had  embarked. 
Learning  soon  afterwards  that  they  had  actually  landed,  he 
made  preparations  for  a  fresh  conflict.  For  his  intrepidity 
was  dauntless,  and  his  conduct  of  affairs  admirable,  while 


THE  NORMAN  RULE  .13 

his  personal  strength  was  great,  his  presence  commanding, 
and  he  had  the  arts  of  a  persuasive  eloquence,  and  of  a 
courtesy  which  endeared  him  to  his  supporters.  Still  his 
mother  Githa,  who  was  much  afflicted  by  the  death  of  her 
son  Tostig,  and  his  other  faithful  friends,  dissuaded  him 
from  engaging  in  battle  with  the  Normans ;  his  brother,  Earl 
Gurth,  thus  addressing  him :  "It  is  best,  dearest  brother  and 
lord,  that  your  courage  should  be  tempered  by  discretion. 
You  are  worn  by  the  conflict  with  the  Norwegians  from 
which  you  are  only  just  come,  and  you  are  in  eager  haste  to 
give  battle  to  the  Normans.  Allow  yourself,  I  pray  you,  some 
time  for  rest.  Reflect  also,  in  your  wisdom,  on  the  oath  you 
have  taken  to  the  duke  of  Normandy.  Beware  of  incurring 
the  guilt  of  perjury,  lest  by  so  great  a  crime  you  draw  ruin 
on  yourself  and  the  forces  of  this  nation,  and  stain  forever 
the  honour  of  our  own  race.  For  myself,  I  am  bound  by  no 
oaths,  I  am  under  no  obligations  to  Count  William.  I  am 
therefore  in  a  position  to  fight  with  him  undauntedly  in  de- 
fence of  our  native  soil.  But  do  you,  my  brother,  rest  awhile 
in  peace,  and  wait  the  issue  of  the  contest,  so  that  the  liberty 
which  is  the  glory  of  England,  may  not  be  ruined  by  your 
fall." 

Harold  was  very  indignant  at  this  speech.  Holding  in 
contempt  the  wholesome  advice  of  his  friends,  he  loaded  his 
brother  with  reproaches  for  his  faithful  counsel,  and  even 
forgot  himself  so  far  as  to  kick  his  mother  when  she  hung 
about  him  in  her  too  great  anxiety  to  detain  him  with  her. 
For  six  days  Harold  sent  forth  the  summons  to  call  the 
people  to  arms  from  all  quarters,  and  having  assembled  vast 
numbers  of  the  English,  he  led  them  by  forced  marches 
against  the  enemy.  It  was  his  design  to  take  them  unawares, 
and  crush  them  at  once  by  a  night  attack,  or,  at  least,  by  a 
sudden  onset,  and,  that  they  might  not  escape  by  sea,  he 
caused  a  fleet  of  seventy  ships,  full  of  soldiers,  to  guard  the 
coast.  Duke  William,  having  intelligence  of  Harold's  ap- 
proach, ordered  his  troops  to  take  to  their  arms  on  the  morn- 
ing of  Saturday.  He  then  heard  mass,  strengthening  both 
body  and  soul  by  partaking  of  the  consecrated  host ;  he  also 
reverently  suspended  from  his  neck  the  holy  relics  on  which 
Harold  had  sworn.  Many  of  the  clergy  had  followed  the 
Norman  army,  among  who  were  two  bishops,  Odo,  of 
Bayeux,  and  Geoffrey,  of  Coutances,  with  attendant  clerks 
and  monks,  whose  duty  it  was  to  aid  the  war  with  their 
prayers  and  counsels.  The  battle  commenced  at  the  third 


114  SOURCE-BOOK  OF  ENGLISH  HISTORY 

hour  of  the  Ides  [i4th]  of  October,  and  was  fought  despe- 
rately the  whole  day,  with  the  loss  of  many  thousand  men  on 
both  sides.  The  Norman  duke  drew  up  his  light  troops,  con- 
sisting of  archers  and  men  armed  with  cross-bows,  in  the 
first  line;  the  infantry  in  armour  formed  the  second  rank; 
and  in  the  third  were  placed  the  cavalry,  in  the  centre  of 
which  the  duke  stationed  himself  with  the  flower  of  his 
troops,  so  as  to  be  able  to  issue  his  commands,  and  give  sup- 
port to  every  part  of  the  army. 

On  the  other  side,  the  English  troops,  assembled  from  all 
parts  of  the  neighborhood,  took  post  at  a  place  which  was 
anciently  called  Senlac,  many  of  them  personally  devoted  to 
the  cause  of  Harold,  and  all  to  that  of  their  country,  which 
they  were  resolved  to  defend  against  the  foreigners.  Dis- 
mounting from  their  horses,  on  which  it  was  determined  not 
to  rely,  they  formed  a  solid  column  of  infantry,  and  thus 
stood  firm  in  the  position  they  had  taken. 

Turstin,  son  of  Rollo,  bore  the  standard  of  Normandy. 
The  sound  of  the  trumpets  in  both  armies  was  the  terrible 
signal  for  beginning  the  battle.  The  Normans  made  the  first 
attack  with  ardour  and  gallantry,  their  infantry  rushing  for- 
ward to  provoke  the  English,  and  spreading  wounds  and 
death  through  their  ranks  by  showers  of  arrows  and  bolts. 
The  English,  on  their  side,  made  a  stout  resistance,  each 
man  straining  his  powers  to  the  utmost.  The  battle  raged 
for  some  time  with  the  utmost  violence  between  both  parties. 
At  length  the  indomitable  bravery  of  the  English  threw  the 
Bretons,  both  horse  and  foot,  and  the  other  auxiliary  troops 
composing  the  left  wing,  into  confusion,  and,  in  their  rout, 
they  drew  with  them  almost  all  the  rest  of  the  duke's  army, 
who,  in  their  panic,  believed  that  he  was  slain.  The  duke, 
perceiving  that  large  bodies  from  the  enemy  had  broken 
their  ranks  in  pursuit  of  his  flying  troops,  rode  up  to  the 
fugitives  and  checked  their  retreat,  loudly  threatening  them, 
and  striking  with  his  lance.  Taking  off  his  helmet,  and  ex- 
posing his  naked  head,  he  shouted:  "See,  I  am  here;  I  am 
.'till  living,  and,  by  God's  help,  shall  yet  have  the  victory." 
Suddenly  the  courage  of  the  fugitives  was  restored  by  these 
bold  words  of  the  duke;  and,  intercepting  some  thousands  of 
their  pursuers,  they  cut  them  down  in  a  moment.  In  this 
manner,  the  Normans,  twice  again  pretending  to  retreat,  and 
when  they  were  followed  by  the  English,  suddenly  wheeling 
their  horses,  cut  their  pursuers  off  from  the  main  body,  sur- 
rounded and  slew  them.  The  ranks  of  the  English  were 


THE  NORMAN  RULE  115 

much  thinned  by  these  dangerous  feints,  through  which  they 
fell  separated  from  each  other ;  so  that,  when  thousands  were 
thus  slaughtered,  the  Normans  attacked  the  survivors  with 
still  greater  vigour.  They  were  charged  home  by  the  troops 
of  Maine,  France,  Brittany,  and  Aquitaine,  and  great  num- 
bers of  them  miserably  perished. 

Among  others  present  at  this  battle,  were  Eustace,  Count 
de  Boulogne,  William,  son  of  Richard,  Count  d'Evreux, 
Geoffrey,  son  of  Robert,  Count  de  Mortagne,  William  Fitz-  ' 
Osbern,  Robert,  son  of  Robert  de  Beaumont,  a  novice  in 
arms,  Aimer,  Viscount  de  Thouars,  Earl  Hugh,  the  con- 
stable, Walter  Giffard,  and  Ralph  Toni,  Hugh  de  Grant- 
mesnil,  and  William  de  Warrenne,  with  many  other  knights 
illustrious  for  their  military  achievements,  and  whose  names 
merit  a  record  in  the  annals  of  history  amongst  the  most 
famous  warriors.  Duke  William  surpassed  them  all  in  cour- 
age and  conduct ;  for  he  nobly  performed  the  duties  of  a  gen- 
eral, staying  the  flight  of  his  troops,  re-animating  their 
courage,  their  comrade  in  the  greatest  dangers,  and  more 
frequently  calling  on  them  to  follow  where  he  led,  than  com- 
manding them  to  advance  before  him.  He  had  three  horses 
killed  under  him  in  the  battle;  thrice  he  remounted,  and  did 
not  suffer  his  steeds  to  be  long  unavenged.  Shields,  helmets, 
and  coats  of  mail  were  shivered  by  the  furious  and  impatient 
thrusts  of  his  sword;  some  he  dashed  to  the  earth  with  his 
shield,  and  was  at  all  times  as  ready  to  cover  and  protect  his 
friends,  as  to  deal  death  among  his  foes. 

Although  the  battle  was  fought  with  the  greatest  fury 
from  nine  o'clock  in  the  morning,  King  Harold  was  slain  in 
the  first  onset,  and  his  brother  Earl  Leofwin  fell  some  time 
afterwards,  with  many  thousands  of  the  royal  army.  To- 
wards evening,  the  English  finding  that  their  king  and  the 
chief  nobles  of  the  realm,  with  a  great  part  of  their  army, 
had  fallen,  while  the  Normans  still  showed  a  bold  front,  and 
made  desperate  attacks  on  all  who  made  any  resistance,  they 
had  recourse  to  flight  as  expeditiously  as  they  could.  Vari- 
ous were  the  fortunes  which  attended  their  retreat;  some 
recovering  their  horses,  some  on  foot,  attempted  to  escape 
by  the  highways ;  more  sought  to  save  themselves  by  striking 
across  the  country.  The  Normans,  finding  the  English  com- 
pletely routed,  pursued  them  vigorously  all  Sunday  night, 
but  not  without  suffering  a  great  loss ;  for,  galloping  onward 
in  hot  pursuit,  they  fell  unawares,  horses  and  armour,  into 
an  ancient  trench,  overgrown  and  concealed  by  rank  grass, 


n6  SOURCE-BOOK  OF  ENGLISH  HISTORY 

and  men  in  their  armour  and  horses  rolling  over  each  other, 
were  crushed  and  smothered.  This  accident  restored  con- 
fidence to  the  routed  English,  for,  perceiving  the  advantage 
given  them  by  the  mouldering  rampart  and  a  succession  of 
ditches,  they  rallied  in  a  body,  and,  making  a  sudden  stand, 
caused  the  Xormans  severe  loss.  At  this  place  Eugenulf, 
lord  of  Laigle,  and  many  others  fell,  the  number  of  Normans 
who  perished  being,  as  reported  by  some  who  were  present, 
nearly  fifteen  thousand.  Thus  did  Almighty  God,  on  the  eve 
of  the  Ides  of  October,  punish  in  various  ways  the  innumer- 
able sinners  in  both  armies.  For,  on  this  Saturday,  the  Nor- 
mans butchered  with  remorseless  cruelty  thousands  of  the 
English,  who  long  before  had  murdered  the  innocent  prince 
Alfred  and  his  attendants;  and  on  the  Saturday  before  tjie 
present  battle,  had  massacred  without  pity  King  Harold  ana 
Earl  Tostig,  with  multitudes  of  Norwegians.  The  righteous 
Judge  avenged  the  English  on  Sunday  night,  when  the  furi- 
ous Normans  were  precipitated  into  the  concealed  trench;  for 
they  had  broken  the  divine  law  by  their  boundless  covetous- 
ness ;  and,  as  the  Psalmist  says:  "Their  feet  were  swift  to 
shed  blood,"  whereupon,  "sorrow  and  unhappiness  was  in 
their  ways." 

Duke  William,  perceiving  that  the  English  troops  suddenly 
rallied,  did  not  halt;  and  when  he  found  Count  Eustace  with 
fifty  men-at-arms  retreating,  and  the  count  wished  him  to 
have  the  signal  sounded  for  recalling  the  pursuers,  he  com- 
manded him  with  a  loud  voice  to  stand  firm.  The  count, 
however,  familiarly  approaching  the  duke,  whispered  in  his 
ear  that  it  would  be  safer  to  retreat,  predicting  his  sudden 
death  if  he  persisted  in  the  pursuit.  While  he  was  saying 
this,  Eustace  received  a  blow  between  the  shoulders,  so  vio- 
lent that  the  noise  of  the  stroke  was  plainly  heard,  and  it 
caused  blood  to  flow  from  his  mouth  and  nostrils,  and  he 
was  borne  off  by  his  comrades  in  a  dying  state. 

The  victory  being  secured,  the  duke  returned  to  the  field 
of  battle,  where  he  viewed  the  dreadful  carnage,  which  could 
not  be  seen  without  commiseration.  There  the  flower  of  the 
youth  and  nobility  of  England  covered  the  ground  far  and 
near  stained  with  blood.  Harold  could  not  be  discovered 
by  his  features,  but  was  recognized  by  other  tokens,  and  his 
corpse,  being  borne  to  the  duke's  camp,  was,  by  order  of  the 
conqueror,  delivered  to  William  Mallet  for  interment  near 
the  sea-shore,  which  had  long  been  guarded  by  his  arms. 

(The  Ecclesiastical  History  of  F. upland  and  Nnrmanrlv,  by  Ordericus  Vitalis 
Trans.  T.  Forester,  London,  1853,  book  III,  c.  14.) 


THE  NORMAN  RULE  "7 

45.   Coronation  Oath  of  William  the  Conqueror 

Florence  of  Worcester 

The  coronation  oaths  of  the  sovereigns  of  England  have  been 
of  varying  force.  In  that  of  William  the  Norman  is  expressed 
in  a  few  strong  words  all  that  other  rulers  promised  with  more 
of  detail.  See  also  Nos.  89,  148. 

Having  first,  as  the  archbishop  required,  sworn  before  the 
altar  of  St.  Peter  the  Apostle,  in  the  presence  of  the  clergy 
and  people,  to  protect  the  holy  churches  of  God  and  their 
governors,  and  to  rule  the  whole  nation  subject  to  him  with 
justice  and  kingly  providence;  to  make  and  maintain  just 
laws  and  straitly  to  forbid  every  sort  of  rapine,  violence  and 
all  unrighteous  judgments. 

(Chronicle  of  Florence  of  Worcester .  ed.  cited. 

46.   The  Administration  of  William 

Ordericus  Vitalis 

The  administration  of  William  the  Norman  has  been  the  object 
of  varied  criticism.  Perhaps  the  best  contemporary  view  can  be 
found  in  the  following  excerpt  from  ORDERICUS  VITALIS. 

After  his  coronation  in  London,  King  William  ordered 
many  affairs  with  prudence,  justice,  and  clemency.  Some 
of  these  concerned  the  profit  and  honour  of  that  city,  others 
were  for  the  advantage  of  the  whole  nation,  and  the  rest  were 
intended  for  the  benefit  of  the  church.  He  enacted  some 
laws  founded  on  admirable  principles.  No  suitor  ever  de- 
manded justice  of  this  king  without  obtaining  it:  he  con- 
demned none  but  those  whom  it  would  have  been  unjust  to 
acquit.  He  enjoined  his  nobles  to  comport  themselves  with 
grave  dignity,  joining  activity  to  right  judgment,  having  con- 
stantly before  their  eyes  the  Eternal  King  who  had  given 
them  the  victory.  He  forbade  their  oppressing  the  con- 
quered, reminding  them  that  they  were  their  own  equals  by 
their  Christian  profession,  and  that  they  must  be  cautious 
not  to  excite  revolt  by  their  unjust  treatment  of  those  whom 
they  had  fairly  subdued.  He  prohibited  all  riotous  assem- 
blages, murder,  and  robbery,  and  as  he  restrained  the  people 
by  force  of  arms,  he  set  bounds  to  arms  by  the  laws.  The 
taxes  and  all  things  concerning  the  royal  revenues  were  so 
regulated  as  not  to  be  burdensome  to  the  people.  Robbers, 
plunderers,  and  malefactors  had  no  asylum  in  his  dominions. 
Merchants  found  the  ports  and  highways  open,  and  were  pro- 
tected against  injury.  Thus  the  first  acts  of  his  reign  were 
all  excellent,  and  eminent  for  the  great  benefits  flowing  from 


n8  SOURCE-BOOK  OF  ENGLISH  HISTORY 

good  government  conferred  on  his  subjects,  which  were  con- 
firmed by  perseverance  in  a  right  course,  with  plain  indica- 
tions of  a  successful  result. 

(Ordericns  Vitalis,  ed.  cited,  book  IV,  c.  i.) 

47.    The  Character  of  William 

Anglo-Saxon  Chronicle 

William  of  Normandy  was  of  a  character  too  subtle  to  be 
readily  comprehended.  The  estimate  in  the  Anglo-Saxon 
Chronicle  is  rather  laudatory,  but  does  not  scruple  to  call  atten- 
tion to  the  misdeeds  of  the  Conqueror. 

A.  1087.  ...  If  any  would  know  what  manner  of  man  king 
William  was,  the  glory  that  he  obtained,  and  of  how  many 
lands  he  was  lord;  then  will  we  describe  him  as  we  have 
known  him,  we,  who  have  looked  upon  him,  and  who  once 
lived  in  his  court.  This  king  William,  of  whom  we  are 
speaking,  was  a  very  wise  and  a  great  man,  and  more  hon- 
oured and  more  powerful  than  any  of  his  predecessors.  He 
was  mild  to  those  good  men  who  loved  God,  but  severe  be- 
yond measure  towards  those  who  withstood  his  will.  He 
founded  a  noble  monastery  on  the  spot  where  God  permitted 
him  to  conquer  England,  and  he  established  monks  in  it,  and 
he  made  it  very  rich.  In  his  days  the  great  monastery  at 
Canterbury  was  built,  and  many  others  also  throughout  Eng- 
land; moreover  this  land  was  filled  with  monks  who  lived 
after  the  rule  of  St.  Benedict ;  and  such  was  the  state  of 
religion  in  his  days  that  all  that  would,  might  observe  that 
which  was  prescribed  by  their  respective  orders.  King 
William  was  also  held  in  much  reverence:  he  wore  his  crown 
three  times  every  year  when  he  was  in  England :  at  Easter  he 
wore  it  at  Winchester,  at  Pentecost  at  Westminster,  and  at 
Christmas  at  Gloucester.  And  at  these  times,  all  the  men 
of  England  were  with  him,  archbishops,  bishops,  abbats,  and 
earls,  thanes,  and  knights.  So  also,  was  he  a  very  stern  and 
a  wrathful  man,  so  that  none  durst  do  anything  against  his 
will,  and  he  kept  in  prison  those  earls  who  acted  against  his 
pleasure.  He  removed  bishops  from  their  sees,  and  abbats 
from  their  offices,  and  he  imprisoned  thanes,  and  at  length 
he  spared  not  his  own  brother  Odo.  This  Odo  was  a  very 
powerful  bishop  in  Normandy,  his  see  was  that  of  Bayeux, 
and  he  was  foremost  to  serve  the  king.  He  had  an  earldom 
in  England,  and  when  William  was  in  Normandy  he  was  the 
first  man  in  this  country,  and  him  did  he  cast  into  prison. 
Amongst  other  things  the  good  order  that  William  estab- 


THE  NORMAN  RULE  119 

lished  is  not  to  be  forgotten ;  it  was  such  that  any  man,  who 
was  himself  aught,  might  travel  over  the  kingdom  with  a 
bosom- full  of  gold  unmolested;  and  no  man  durst  kill  an- 
other, however  great  the  injury  he  might  have  received  from 
him.  He  reigned  over  England,  and  being  sharp-sighted  to 
his  own  interest,  he  surveyed  the  kingdom  so  thoroughly  that 
there  was  not  a  single  hide  of  land  throughout  the  whole,  of 
which  he  knew  not  the  possessor,  and  how  much  it  was  worth, 
and  this  he  afterwards  entered  in  his  register.  The  land  of 
the  Britons  was  under  his  sway,  and  he  built  castles  therein ; 
moreover  he  had  full  dominion  over  the  Isle  of  Man  [Angle- 
sey] :  Scotland  also  was  subject  to  him  from  his  great 
strength ;  the  land  of  Normandy  was  his  by  inheritance,  and 
he  possessed  the  earldom  of  Maine ;  and  had  he  lived  two 
years  longer  he  would  have  subdued  Ireland  by  his  prowess, 
and  that  without  a  battle.  Truly  there  was  much  trouble  in 
these  times,  and  very  great  distress ;  he  caused  castles  to  be 
built,  and  oppressed  the  poor.  The  king  was  also  of  great 
sternness,  and  he  took  from  his  subjects  many  marks  of  gold, 
and  many  hundred  pounds  of  silver,  and  this,  either  with  or 
without  right,  and  with  little  need.  He  was  given  to  avarice, 
and  greedily  loved  gain.  He  made  large  forests  for  the  deer, 
and  enacted  laws  therewith,  so  that  whoever  killed  a  hart  or 
a  hind  should  be  blinded.  As  he  forbade  killing  the  deer,  so 
also  the  boars ;  and  he  loved  the  tall  stags  as  if  he  were  their 
father.  He  also  appointed  concerning  the  hares,  that  they 
should  go  free.  The  rich  complained  and  the  poor  mur- 
mured, but  he  was  so  sturdy  that  he  recked  nought  of  them; 
they  must  will  all  that  the  king  willed,  if  they  would  live;  or 
would  keep  their  lands;  or  would  hold  their  possessions;  or 
would  be  maintained  in  their  rights.  Alas !  that  any  man 
should  so  exalt  himself,  and  carry  himself  in  his  pride  over 
all !  May  Almighty  God  show  mercy  to  his  soul,  and  grant 
him  the  forgiveness  of  his  sins !  We  have  written  concern- 
ing him  these  things,  both  good  and  bad,  that  virtuous  men 
might  follow  after  the  good,  and  wholly  avoid  the  evil,  and 
might  go  in  the  way  that  leadeth  to  the  kingdom  of  heaven. 

{Anglo-Saxon  Chronicle  for  year  1087,  ed.  cited.) 

48.  Doomsday  Survey 

Anglo-Saxon  Chronicle 

The  years  1085  and  1086  were  of  great  constitutional  and  politi- 
cal importance  to  England.  In  the  first,  the  Doomsday  survey 
was  made.  In  the  second,  the  Gemot  of  Salisbury  was  held. 


120          SOURCE-BOOK  OV  ENGLISH  HISTORY 

The  survey  was  the  greatest  fiscal  work  England  had  ever 
known,  nor  did  she  for  several  centuries  know  another  of  equal 
importance.  The  survey  furnished  the  basis  of  taxation  and 
military  service,  as  well  as  that  for  the  establishment  and  main- 
tenance of  the  English  feudal  system.  The  utility  of  the  return 
was  established  at  the  national  gathering,  or  Gemot,  on  Salisbury 
Plain.  There  William  exacted  from  every  landholder  oaths  of 
homage,  fealty,  and  allegiance,  binding  each  man  directly  to  the 
king  instead  of  to  the  mesne  lord  —  the  great  difference  between 
English  and  Continental  feudalism. 

A.  1085.  ...  At  midwinter  the  king  was  at  Gloucester 
with  his  witan;  and  he  held  his  court  there  five  days; 
and  afterwards  the  archbishop  and  clergy  held  a  synod 
during  three  days ;  and  Maurice  was  there  chosen  to  the 
bishopric  of  London,  William  to  that  of  Norfolk,  and  Robert 
to  that  of  Cheshire ;  they  were  all  clerks  of  the  king.  After 
this  the  king  had  a  .great  consultation,  and  spoke  very 
deeply  with  his  witan  concerning  this  land,  how  it  was 
held  and  what  were  its  tenantry.  He  then  sent  his  men 
over  all  England,  into  every  shire,  and  caused  them  to  as- 
certain how  many  hundred  hides  of  land  it  contained,  and 
what  lands  the  king  possessed  therein,  what  cattle  there  were 
in  the  several  counties,  and  how  much  revenue  he  ought  to 
receive  yearly  from  each.  He  also  caused  them  to  write 
down  how  much  land  belonged  to  his  archbishops,  to  his 
bishops,  his  abbats,  and  his  earls,  and,  that  I  may  be  brief, 
what  property  every  inhabitant  of  all  England  possessed  in 
land  or  in  cattle,  and  how  much  money  this  was  worth.  So 
very  narrowly  did  he  cause  the  survey  to  be  made,  that  there 
was  not  a  single  hide  nor  a  rood  of  land,  nor  —  it  is  shame- 
ful to  relate  that  which  he  thought  no  shame  to  do  —  was 
there  an  ox,  or  a  cow,  or  a  pig  passed  by,  and  that  was  not 
set  down  in  the  accounts,  and  then  all  these  writings  were 
brought  to  him. 

A.  1086.  This  year  the  king  wore  his  crown  and  held  his 
court  at  Winchester  at  Easter,  and  he  so  journeyed  forward 
that  he  was  at  Westminster  during  Pentecost,  and  there  he 
dubbed  his  son  Henry  a  knight.  And  afterwards  he  trav- 
elled about,  so  that  he  came  to  Salisbury  at  Lammas ;  and 
his  witan,  and  all  the  land-holders  of  substance  in  England, 
whose  vassals  soever  they  were,  repaired  to  him  there,  and 
they  all  submitted  to  him,  and  became  his  men,  and  swore 
oaths  of  allegiance,  that  they  would  be  faithful  to  him  against 
all  others. 

(Anglo-Saxon  Chronicle  for  years  1085-1086,  ed.  cited.) 


THE  NORMAN  RULE  121 

49.  A  Doomsday  Manor:  Hecham,  Essex,  A.D.  1086 

Doomsday  Book 

Many  extracts  from  Doomsday  Book  would  no  better  serve  our 
purpose  than  does  this  single  one.  Herein  we  can  see  the  method 
of  the  examiners  in  ascertaining  the  extent  of  a  manor.  The 
purpose  was  to  give  the  state  of  the  manor  as  well  as  an  enumera- 
tion and  valuation  of  the  property  as  it  existed  in  the  days  of 
both  Edward  and  William. 

Peter  de  Valence  holds  in  domain  Hecham,  which  Haldane 
a  freeman  held  in  the  time  of  King  Edward,  as  a  manor,  and 
as  5  hides.  There  have  always  been  2  ploughs  in  the  de- 
mesne, 4  ploughs  of  the  men.  At  that  time  there  were  8 
villeins,  now  10 ;  then  there  were  2  bordars,  now  3 ;  at  both 
times  4  scrvi,  woods  for  300  swine,  18  acres  of  meadow. 
Then  there  were  2  fish  ponds  and  a  half,  now  there  are  none. 
At  that  time  there  was  I  ox,  now  there  are  15  cattle  and 
I  small  horse  and  18  swine  and  2  hives  of  bees.  At  that 
time  it  was  worth  6os.,  now  £4  IDS.  When  he  received  this 
manor  he  found  only  i  ox  and  i  planted  acre.  Of  those  5 
hides  spoken  of  above,  one  was  held  in  the  time  of  King 
Edward  by  2  freemen,  and  was  added  to  this  manor  in  the 
time  of  King  William.  It  was  worth  in  the  time  of  King 
Edward  IDS.,  now  22s.,  and  William  holds  this  from  Peter 
de  Valence. 

{Doomsday  Book,  II,  /Sb.) 

50.   William  I  to  Gregory  VII 

William  I 

The  following  letter  from  the  Conqueror  to  the  Pope  presents 
better  than  any  other  single  document  the  relation  of  the  English 
Church  to  the  Papal  See  in  the  eleventh  century.  The  King  does 
not  deny  the  rightfulness  of  the  ecclesiastical  tax,  for  he  believed 
this  to  be  due  from  all  Christians.  He,  however,  positively 
repudiates  the  theory  that  England  was  a  fief  of  Rome,  and 
sharply  checks  the  interference  of  Rome  in  the  civil  affairs  of  his 
kingdom.  In  this  connection,  see  also  No.  51. 

To  Gregory,  the  most  noble  Shepherd  of  the  Holy  Church, 
William,  by  the  grace  of  God  renowned  king  of  the  English, 
and  duke  of  the  Normans,  greeting  with  amity.  Hubert, 
your  legate,  Holy  Father,  coming  to  me  in  your  behalf,  bade 
me  to  do  fealty  to  you  and  your  successors,  and  to  think 
better  in  the  manner  of  the  money  which  my  predecessors 
were  wont  to  send  to  the  Roman  Church :  the  one  point  I 
agreed  to,  the  other  I  did  not  agree  to.  I  refused  to  do 
fealty,  nor  will  I,  because  neither  have  I  promised  it,  nor  do 
I  find  that  my  predecessors  did  it  to  your  predecessors. 


122  SOURCE-BOOK  OF  ENGLISH  HISTORY 

The  money  for  nearly  three  years,  whilst  I  was  in  Gaul, 
has  been  carelessly  collected ;  but  now  that  I  am  come  back 
to  my  kingdom,  by  God's  mercy,  what  has  been  collected  is 
sent  by  the  aforesaid  legate,  and  what  remains  shall  be 
dispatched  when  opportunity  serves,  by  the  legate  of  Lan- 
franc,  our  faithful  archbishop.  Pray  for  us,  and  for  the 
good  estate  of  our  realm,  for  we  have  loved  your  predeces- 
sors and  desire  to  love  you  sincerely,  and  to  hear  you 
obediently  before  all. 

(Original  Letters  Illustrative  of  English  History, 
ed.  H.  Ellis,  London,  1846.) 

51.   Royal  Supremacy 

Eadmer 

William  I.  was  firm  in  his  determination  to  prevent  the  en- 
croachment of  ecclesiastical  authority  upon  the  civil  administra- 
tion. The  following  selection  not  only  illustrates  this  principle, 
but  shows  the  independence  of  the  English  State  as  to  papal  con- 
trol. This  independence  was  not  seriously  questioned  by  the 
popes  as  long  as  a  strong  king  ruled  in  the  island  realm. 

Eadmer  says:  "Some  of  those  novel  points  I  will  set  down 
which  he  [William]  appointed  to  be  observed  . . . 

1.  He   would   not  then  allow   any  one   settled   in   all   his 
dominion  to  acknowledge  as  apostolic  the  pontiff  of  the  City 
of  Rome,  save  at  his  own  bidding,  or  by  any  means  to  receive 
any  letter  from  him  if  it  had  not  first  been  shown  to  him- 
self. 

2.  The  primate  also  of  his  realm,  I  mean  the  Archbishop 
of  Canterbury  or  Dorobernia,  presiding  over  a  general  Coun- 
cil   assembled   of   bishops,   he   did   not   permit   to   ordain   or 
forbid  anything  save  what  had  first  been  ordained  by  himself 
as  agreeable  to  his  own  will. 

3.  He   would    not   suffer   that   any,    even    of   his   bishops, 
should  be  allowed  to   implead  publicly,  or  excommunicate, 
or  constrain  by  any  penalty  of  ecclesiastical  rigour,  any  of 
his  barons  or  ministers  accused  of  incest,  or  adultery,  or  any 
capital  crime,  save  by  his  command. 

(Eadmeri  Monachi  Cantuariensis  Histories  Novorum ...  I,  6,  Lond.  1623.) 

52.    Separation  of  Spiritual  and  Lay  Jurisdiction 

Ancient  Laws  and  Institutes  of  England 

The  greatest  legal  change  resulting  from  the  Conquest  was  the 
separation  of  the  civil  and  ecclesiastical  courts  of  law.  An  end 
was  put  to  the  practice  of  churchmen  sitting  as  judges  in  the 
civil  courts,  as  well  as  to  the  administration  by  the  laity  of  eccle- 
siastical affairs.  The  result  of  the  law  was  to  strengthen  the 
power  of  the  ecclesiastical  courts. 


THE  NORMAN  RULE  123 

William,  by  the  grace  of  God  king  of  the  English,  to  R. 
Bainard,  and  G.  de  Magneville,  and  Peter  de  Valoines,  and 
all  my  liege  men  of  Essex,  Hertfordshire  and  Middlesex 
greeting.  Know  ye  and  all  my  liege  men  resident  in  Eng- 
land, that  I  have  by  common  council,  and  by  the  advise  of 
the  archbishops,  bishops,  abbots  and  chief  men  of  my  realm, 
determined  that  the  episcopal  laws  be  mended  as  not  having 
been  kept  properly  nor  according  to  the  decrees  of  the  sacred 
canons  throughout  the  realm  of  England,  even  to  my  own 
times.  Accordingly  I  command  and  charge  you  by  royal 
authority  that  no  bishop  nor  archdeacon  do  hereafter  hold 
pleas  of  episcopal  laws  in  the  Hundred,  nor  bring  a  cause 
to  the  judgment  of  secular  men  which  concerns  the  rule  of 
souls.  But  whoever  shall  be  impleaded  by  the  episcopal 
laws  for  any  cause  or  crime,  let  him  come  to  the  place 
which  the  bishop  shall  choose  and  name  for  this  purpose, 
and  there  answer  for  his  cause  or  crime,  and  not  according 
to  the  Hundred  but  according  to  the  canons  and  episcopal 
laws,  and  let  him  do  right  to  God  and  his  bishop.  But  if  any 
one,  being  lifted  up  with  pride,  refuse  to  come  to  the  bishop's 
court,  let  him  be  summoned  three  several  times,  and  if  by  this 
means,  even,  he  come  not  to  obedience,  let  the  authority  and 
justice  of  the  king  or  sheriff  be  exerted;  and  he  who  refuses 
to  come  to  the  bishop's  judgment  shall  make  good  the  bishop's 
law  for  every  summons.  This  too  I  absolutely  forbid  that  any 
sheriff,  reeve,  or  king's  minister,  or  any  other  layman,  do  in 
any  wise  concern  himself  with  the  laws  which  belong  to  the 
bishop,  or  bring  another  man  to  judgment  save  in  the 
bishop's  court.  And  let  judgment  be  nowhere  undergone 
but  in  the  bishop's  see  or  in  that  place  which  the  bishop 
appoints  for  this  purpose. 

(Ancient  Laws  and  Institutes  of  England,  I,  213.) 

53.  First  Charter  of  the  City  of  London 

Historical  Charters 

This,  the  first  charter  granted  to  the  City  of  London,  although 
of  great  brevity,  is  of  importance  because  of  its  recognition  of 
the  rights  possessed  by  the  citizens  of  that  place. 

William  the  king  friendly  salutes  William  the  bishop,  and 
Godfrey  the  portreve,  and  all  the  burgesses  within  London, 
both  French  and  English :  And  I  declare,  that  I  grant  you 
to  be  all  law-worthy,  as  you  were  in  the  days  of  King 
Edward;  and  I  grant  that  every  child  shall  be  his  father's 


i24  SOURCE-BOOK  OF  ENGLISH  HISTORY 

heir,  after  his  father's  days;  and  I  will  not  suffer  any  per- 
son to  do  you  wrong.     God  keep  you. 

(Historical  Charters  and  Constitutional  Documents  of  the  City  of  London, 
p.  i.     Lond.  1884.) 

54.   Exactions  of  William  Rufas 

Ordericus  I'italis 

The  striking  contrast  between  the  administration  of  William 
the  Conqueror  and  that  of  his  son,  William  Rufas,  is  clearly 
shown  in  the  following  quotation  from  the  contemporary  chron- 
icler ORDEKICUS  VITALIS. 

While  these  events  were  occurring  in  Normandy,  beyond 
sea,  and  enormous  sums  were  prodigally  spent  in  useless 
armaments,  Ranulph  Flambard,  now  made  bishop  of  Durham, 
and  the  other  minions  and  officers  of  the  king,  were  robbing 
England,  and,  worse  than  thieves,  pillaged  without  mercy 
the  granaries  of  the  farmers  and  the  stores  of  the  merchants, 
not  even  restraining  their  bloody  hands  from  plundering 
the  church.  On  the  death  of  the  prelates,  they  immediately 
intruded  themselves  into  their  places  by  a  violent  exercise 
of  the  royal  authority,  and  seized  without  decency  whatever 
they  found  in  their  treasuries.  They  took  into  the  king's 
hands  the  domains  of  the  monasteries  and  the  revenues  of 
the  bishoprics,  and  exacted  from  the  abbots  or  bishops  who 
still  survived  enormous  sums  of  money.  Thus  amassing, 
by  fair  means  or  foul,  an  immense  amount  of  contributions, 
they  remitted  it  to  the  king  beyond  sea,  to  be  employed  on  his 
own  occasions  whether  good  or  bad.  Vast  sums,  accumulated 
by  these  taxes,  were  presented  to  the  king  who  used  them 
ostentatiously  to  enrich  foreigners.  But  the  native  in- 
habitants, unjustly  spoiled  of  their  goods,  were  in  great 
distress  and  cried  lamentably  to  God,  who  delivered  Israel 
from  the  hand  of  Moab,  when  Eglon  the  corpulent  king  was 
slain  by  Aoth,  the  left-handed. 

(Ordericus  Vitalis,  book  X,  c.  8,  ed.  cited.) 

55.   The  Charter  of  Liberties  of  Henry  I. 

Ancient  Laws  and  Institutes  of  England 

William  Rufas  was  succeeded  by  Henry,  the  third  son  of 
William  the  Conqueror.  Henry's  first  public  act  was  to  issue  a 
charter  of  liberties.  This  important  charter  was  not  only  of 
great  value  to  Henry's  subjects,  but  a  century  later  it  was  to  form 
the  basis  of  the  demands  which  led  King  John  to  grant  the 
Magna  Charta  (No.  80).  The  two  documents  should  be  studied 
together. 


THE  NORMAN  RULE  125 

In  the  year  of  the  incarnation  of  the  Lord,  noi,  Henry, 
son  of  King  William,  after  the  death  of  his  brother  William, 
by  the  grace  of  God,  king  of  the  English,  to  all  faithful, 
greeting: 

1.  Know  that  by  the  mercy  of  God,  and  by  the  common 
counsel  of  the  barons  of  the  whole  kingdom  of  England,  I 
have  been  crowned  king  of  the  same  kingdom;  and  because 
the    kingdom    has   been    oppressed    by    unjust    exactions,    I, 
from  regard  to  God,  and  from  the  love  which  I  have  toward 
you,  in  the  first  place  make  the  holy  church  of  God  free,  so 
that  I  will  neither  sell  nor  place  at  rent,  nor,  when  arch- 
bishop, or  bishop,  or  abbot  is  dead,  will  I  take  anything  from 
the  domain  of  the  church,  or  from  its  men,  until  a  successor 
is  installed  into  it.     And  all  the  evil  customs  by  which  the 
realm  of  England  was  unjustly  oppressed  will  I  take  away, 
which  evil  customs  I  partly  set  down  here. 

2.  If  any  one  of  my  barons,  or  earls,  or  others  who  hold 
from  me  shall  have  died,  his  heir  shall  not  redeem  his  land  as 
he  did  in  the  time  of  my  brother,  but  shall   relieve  it  by  a  just 
and  legitimate  relief.     Similarly  also  the  men  of  my  barons 
shall   relieve   their  lands   from   their   lords   by   a   just   and 
legitimate  relief. 

3.  And  if  any  one  of  the  barons  or  other  men  of  mine 
wishes  to  give  his  daughter  in  marriage,  or  his  sister  or  niece 
or  relation,  he  must  speak  with  me  about  it,  but  I  will  neither 
take  anything  from  him  for  this  permission,  nor  forbid  him 
to  give  her  in  marriage,  unless  he  should  wish  to  join  her 
to  my  enemy.     And  if  when  a  baron  or  other  man  of  mine 
is  dead,  a  daughter  remains  as  his  heir,  I  will  give  her  in 
marriage  according  to  the  judgment  of  my  barons,   along 
with  her  land.     And  if  when  a  man  is  dead  his  wife  remains, 
and  is  without  children,  she  shall  have  her  dowry  and  right 
of  marriage,  and  I  will  not  give  her  to  a  husband  except 
to  her  will. 

4.  And  if  a  wife  has  survived  with  children,  she  shall  have 
her  dowry  and  right  of  marriage,  so  long  as  she  shall  have 
kept    her   body    legitimately,    and    I    will    not    give    her    in 
marriage,  except  according  to  her  will.     And  the  guardian 
of  the  land  and  children  shall  be  either  the  wife  or  another 
one  of  the  relatives  as  shall  seem  to  be  most  just.     And  I 
require  that  my  barons  should  deal  similarly  with  the  sons 
and  daughters  or  wives  of  their  men. 

5.  The  common  tax  on  money  which   used  to  be  taken 
through  the  cities  and  counties,  which  was  not  taken  in  the 


126  SOURCE-BOOK  OF  ENGLISH  HISTORY 

time  of  King  Edward,  I  now  forbid  altogether  henceforth  to 
be  taken.  If  any  one  shall  have  been  seized,  whether  a 
moneyer  or  any  other,  with  false  money,  strict  justice  shall 
be  done  for  it. 

6.  All  fines  and  all  debts  which  were  owed  to  my  brother, 
I  remit,  except  my  rightful  rents,  and  except  those  payments 
which  had  been  agreed  upon  for  the  inheritances  of  others 
or  for  those  things  which  more  justly  affected  others.     And 
if  any  one  for  his  own  inheritance  has  stipulated  anything, 
this  I  remit,  and  all  reliefs  which  had  been  agreed  upon  for 
rightful  inheritances. 

7.  And   if   any   one   of   my   barons   or   men    shall   become 
feeble,  however  he  himself  shall  give  or  arrange  to  give  his 
money,  I  grant  that  it  shall  be  so  given.     Moreover,  if  he 
himself,  prevented  by  arms,  or  by  weakness,  shall  not  have 
bestowed  his  money,  or  arranged  to  bestow  it,  his  wife  or 
his  children  or  his  parents,  and  his  legitimate  men  shall  di- 
vide it  for  his  soul,  as  to  them  shall  seem  best. 

8.  If  any  of  my  barons  or  men  shall  have  commited  an 
offence  he  shall  not  give  security  to  the  extent  of  forfeiture 
of  his  money,  as  he  did  in  the  time  of  my  father,  or  of  my 
brother,  but  according  to  the  measure  of  the  offence  so  shall 
he  pay,  as  he  would  have  paid  from  the  time  of  my  father 
backward,  in  the  time  of  my  other  predecessors ;  so  that  if 
he  shall  have  been  convicted  of  treachery  or  of  crime,  he 
shall   pay  as   is  just. 

9.  All  murders  moreover  before  that  day  in  which  I  was 
crowned    king,    I    pardon;    and   those    which    shall    be    done 
henceforth  shall  be  punished  justly  according  to  the  law  of 
King  Edward. 

10.  The  forests,  by  the  common  agreement  of  my  barons, 
I  have  retained  in  my  own  hand,  as  my  father  held  them. 

11.  To  those  knights  who  hold  their  land  by  the  cuirass, 
I  yield  of  my  own  gift  the  lands  of  their  demesne  ploughs 
free  from  all  payments  and  from  all  labor,  so  that  as  they 
have  thus  been  favoured  by  such  a  great  alleviation,  so  they 
may  readily  provide  themselves  with  horses  and  arms  for  my 
service  and  for  the  defence  of  my  kingdom. 

12.  A  firm  peace  in  my  whole  kingdom  I  establish  and  re- 
quire to  be  kept  from  henceforth. 

13.  The  law  of  King  Edward   I  give  to  you   again  with 
those    changes    with    which    my    father    changed    it    by    the 
counsel  of  his  barons. 

14.  If  any  one  has  taken  anything  from  my  possessions 


THE  NORMAN  RULE  127 

since  the  death  of  King  William,  my  brother,  or  from  the 
possessions  of  any  one,  let  the  whole  be  immediately  returned 
without  alteration,  and  if  any  one  shall  have  retained  any- 
thing thence,  he  upon  whom  it  is  found  will  pay  it  heavily 
to  me.  Witnesses  Maurice,  bishop  of  London,  and  Gundulf, 
bishop,  and  William,  bishop-elect,  and  Henry,  earl,  and 
Simon,  earl,  and  Walter  Giffard,  and  Robert  de  Montfort, 
and  Roger  Bigod,  and  Henry  de  Port,  at  London,  when  I 
was  crowned. 

(Translations  and  Reprints.     Published  by  the  Department  of  History, 
University  of  Pennsylvania.     Reprinted  by  permission.) 

56.   Charter  of  the  City  of  London 

(From  HENRY  I.) 

Historical  Charters 

The  City  of  London  was  the  recipient  of  many  charters,  the 
first  being  that  granted  by  William  I.  (No.  53).  That  granted 
by  Henry  I.  is,  however,  the  first  in  which  is  given  an  account  of 
the  municipal  government.  A  comparative  study  of  these  char- 
ters is  of  great  value  to  those  interested  in  municipal  develop- 
ment. 

Henry,  by  the  grace  of  God,  king  of  England,  to  the  arch- 
bishop of  Canterbury,  and  to  the  bishops  and  abbots,  earls 
and  barons,  justices  and  sheriffs,  and  to  all  his  faithful  sub- 
jects of  England,  French  and  English,  greeting. 

Know  ye  that  I  have  granted  to  my  citizens  of  London,  to 
hold  Middlesex  to  farm  for  three  hundred  pounds,  upon 
accompt  to  them  and  their  heirs;  so  that  the  said  citizens 
shall  place  as  sheriff  whom  they  will  of  themselves;  and 
shall  place  whomsoever,  or  such  a  one  as  they  will  of  them- 
selves, for  keeping  of  the  pleas  of  the  crown,  and  of  the 
pleadings  of  the  same,  and  none  other  shall  be  justice  over 
the  same  men  of  London ;  and  the  citizens  of  London  shall 
not  plead  without  the  walls  of  London  for  any  plea.  And 
be  they  free  from  scot  and  lot  and  danegeld,  and  of  all 
murder;  and  none  of  them  shall  wage  battle.  And  if  any- 
one of  the  citizens  shall  be  impleaded  concerning  the  pleas 
of  the  crown,  the  man  of  London  shall  discharge  himself 
by  his  oath,  which  shall  be  adjudged  within  the  city;  and 
none  shall  lodge  within  the  walls,  neither  of  my  household, 
nor  any  other,  nor  lodging  delivered  by  force. 

And  all  the  men  of  London  shall  be  quit  and  free,  and 
all  their  goods,  throughout  England,  and  the  ports  of  thr 
sea,  of  and  from  all  toll  and  passage  and  lestage,  and  all 
other  customs;  and  the  churches  and  barons  and  citizens 


128  SOURCE-BOOK  OP  ENGLISH  HISTORY 

shall  and  may  peaceably  and  quietly  have  and  hold  their 
sokes  with  all  their  customs ;  so  that  the  strangers  that  shall 
be  lodged  in  the  sokes  shall  give  custom  to  none  but  to  him 
to  whom  the  soke  appertains,  or  to  his  officer,  whom  he  shall 
there  put:  And  a  man  of  London  shall  not  be  adjudged  in 
amerciaments  of  money  but  of  one  hundred  shillings  (I 
speak  of  the  pleas  which  appertain  to  money)  ;  and  further 
there  shall  be  no  more  miskenning  in  the  hustings,  nor  in  the 
folkmote,  nor  in  other  pleas  within  the  city;  and  the  hustings 
may  sit  once  in  a  week,  that  is  to  say,  on  Monday :  And  I 
will  cause  my  citizens  to  have  their  lands,  promises,  bonds, 
and  debts,  within  the  city  and  without ;  and  I  will  do  them 
right  by  the  law  of  the  city,  of  the  lands  of  which  they  shall 
complain  to  me : 

And  if  any  shall  take  toll  or  custom  of  any  citizen  of 
London,  the  citizens  of  London  in  the  city  shall  take  of  the 
borough  or  town,  where  toll  or  custom  was  so  taken,  so  much 
as  the  man  of  London  gave  for  toll,  and  as  he  received 
damage  thereby :  And  all  debtors,  which  do  owe  debts  to  the 
citizens  of  London,  shall  pay  them  in  London,  or  else  dis- 
charge themselves  in  London,  that  they  owe  none ;  but  if 
they  will  not  pay  the  same,  neither  come  to  clear  themselves 
that  they  owe  none,  the  citizens  of  London,  to  whom  the 
debts  shall  be  due,  may  take  their  goods  in  the  city  of 
London,  of  the  borough  or  town,  or  of  the  county  wherein 
he  remains  who  shall  owe  the  debt :  And  the  citizens  of 
London  may  have  their  chaces  to  hunt,  as  well  and  fully  as 
their  ancestors  have  had,  that  is  to  say,  in  Chiltre,  and  in 
Middlesex  and  Surrey. 

Witness  the  bishop  of  Winchester,  and  Robert  son  of 
Richier,  and  Hugh  Bygot,  and  Alured  of  Toteneys,  and 
William  of  Alba-spina  and  Hubert  the  king's  Chamberlain, 
and  William  de  Montfichet,  and  Hangulf  cle  Taney,  and  John 
Bellet,  and  Robert  son  of  Siward.  At  Westminster. 

(The  Historical  Charters  and  Constitutional  Documents  of  the  City  of  London, 
p.  3.     Ed.  cit.) 

57.   The  Investiture  Controversy 

Eadnter 

The  policy  of  the  Church  forbade  its  ecclesiastics  to  receive  in- 
vestiture from  a  layman,  even  though  he  were  a  king.  It  also 
forbade  churchmen  to  render  homage  to  laymen.  Anselm.  Arch- 
bishop of  Canterbury,  contested  these  points  with  Henry  I.  ; 
the  result  was  the  compromise  set  forth  in  the  selection  which 
follows. 


THE  NORMAN  RULE  129 

On  the  first  of  August  an  assembly  of  bishops,  abbots, 
and  nobles  of  the  realm  was  held  at  London  in  the  king's 
palace.  And  for  three  successive  days,  in  Anselm's  absence, 
the  matter  was  thoroughly  discussed  between  king  and 
bishops  concerning  church  investitures,  some  arguing  for 
this  that  the  king  should  perform  them  after  the  manner  of 
his  father  and  brother,  or  according  to  the  injunction  and 
obedience  of  the  pope.  For  the  pope  in  the  sentence  which 
had  been  then  published,  standing  firm,  had  conceded  hom- 
age, which  Pope  Urban  had  forbidden,  as  well  as  investiture, 
and  in  this  way  had  won  over  the  king  about  investiture,  as 
may  be  gathered  from  the  letter  which  we  have  quoted 
above.  Afterwards,  in  the  presence  of  Anselm  and  a  large 
concourse,  the  king  agreed  and  ordained  that  henceforward 
no  one  should  be  invested  with  bishopric  or  abbacy  in  Eng- 
land by  the  giving  of  a  pastoral  staff  or  the  ring,  by  the 
king  or  any  lay  hand :  Anselm  also  agreeing  that  no  one 
elected  to  a  prelacy  should  be  deprived  of  consecration  to  the 
office  undertaken  on  the  ground  of  homage,  which  he  should 
make  to  the  king.  After  this  decision,  by  the  advise  of 
Anselm  and  the  nobles  of  the  realm,  fathers  were  instituted 
by  the  king,  without  any  investiture  of  pastoral  staff  or 
ring,  to  nearly  all  the  churches  of  England  which  had  been 
so  long  widowed  of  their  shepherds. 

(Eadmeri  Monacki  Cantuariensis  Historic  Novorum,  ed»  cited.) 


CHAPTER  VIII 

THE    EARLY    ANGEVINS 


58.   Henry  II  and  Thomas  a  Becket  at  the  Council  of  Woodstock 

(July  1163) 

Ed-ward  Grim 

The  reign  of  the  strong  king,  Henry  II.,  was  marred  by  his 
quarrel  with  Thomas  a  Becket.  The  assassination  of  the  arch- 
bishop has  tended  to  obscure  in  the  mind  of  the  younger  student 
of  history  the  principles  which  were  at  stake  in  the  quarrel.  As 
chancellor,  Thomas  was  the  king's  servant,  but  when  created 
archbishop  he  became  the  servant  of  the  Church,  and  as  such  he 
resisted  the  encroachments  of  the  Crown  upon  what  he  believed 
to  be  the  ecclesiastical  prerogative.  The  first  issue  with  the  king 
came  in  1163  at  the  Council  of  Woodstock,  upon  a  matter  of 
taxation ;  the  second  at  the  Council  of  Westminster  in  the  same 
year,  upon  the  question  of  the  rights  of  civil  courts  to  try  eccle- 
siastical persons.  The  dissension  was  partly  healed,  and  at  the 
Council  of  Clarendon  the  compromise  effected  between  Church 
and  State  was  embodied  in  the  Constitutions  of  Clarendon.  But 
the  dispute  again  broke  out,  and  Becket  fled  from  England.  For 
years  the  struggle  between  ruler  and  prelate  continued.  In  1170 
a  reconciliation  was  effected,  but  only  to  be  succeeded  by  more 
bitter  strife.  Some  rash  words  of  the  king  led  to  the  murder  of 
the  archbishop.  The  sincerity  of  Henry's  remorse  may  well  be 
doubted.  In  consequence  of  the  murder  Henry  was  forced  to 
submit  himself  to  the  pope. 

When  the  king  was  tarrying  on  his  manor  at  Woodstock, 
with  the  archbishop  and  the  great  men  of  the  land,  among 
other  matters  a  question  was  raised  concerning  a  certain 
custom  which  obtained  in  England.  Two  shillings  from  each 
hide  were  given  to  the  king's  servants,  who,  in  the  post  of 
sheriffs,,  guarded  the  shires.  This  sum  the  king  wished  to 
have  enrolled  in  the  treasury  and  added  to  his  own  revenue. 
Whom  the  archbishop  resisted  to  the  face,  saying  that  it 
ought  not  to  be  exacted  as  revenue  —  "Nor  will  we,"  said  he, 
"my  lord  king,  give  it  as  revenue,  saving  your  pleasure ;  but 
if  the  sheriffs,  and  servants,  and  ministers  of  the  shires  shall 

13° 


THE  EARLY  ANGEFINS  131 

serve  us  fitly,  and  maintain  and  defend  our  dependants,  in  no 
way  will  we  be  behindhand  in  contributing  to  their  aid."  But 
the  king,  taking  ill  this  answer  of  the  archbishop,  said  "By 
the  eyes  of  God,  it  shall  be  given  as  revenue,  and  in  the  king's 
scroll  shall  it  be  writ ;  nor  is  it  fit  that  thou  shouldst  gainsay, 
when  no  man  would  oppose  your  men  against  your  will." 
The  archbishop  foreseeing  and  being  aware  lest  by  his  suf- 
ferance a  custom  should  be  brought  in  whereby  posterity 
should  be  harmed,  answered,  "By  the  reverence  of  the  eyes 
by  which  you  have  sworn,  my  lord  king,  there  shall  be  given 
from  all  my  land  or  from  the  right  of  the  Church  not  a 
penny."  The  king  was  silent,  repulsed  by  the  bold  objection 
of  the  archbishop,  but  his  indignation  was  not  set  at  rest ;  for 
silently  erewhile  his  fury  from  secular  matters  which  seemed 
to  be  but  little  contrary  to  the  archbishop,  turned  against  the 
clergy,  and  his  rage  extended  against  the  ministers  of  the 
church  whose  injuries  specially  redounded  against  the  arch- 
bishop. 

(Edward  Grim,  Materials  for  the  History  of  Archbishop  Becket.     From  St.  Thomas 
of  Canterbury,  ed.  W.  H.  Hutton,  London,  1889.     p.  36.) 

59.   The  Council  of  Westminster 

(Oct.  1163) 

Herbert  of  Boshant 

The  king  when  he  explained  the  cause  of  the  summons 
straightway  demanded  that  clerks  seized  or  convicted  of  great 
crimes  should  be  deprived  of  the  guardianship  of  the  church 
and  handed  over  to  his  officers,  declaring  that  they  would 
be  the  more  prompt  to  evil  unless  after  spiritual  punishment 
they  were  subject  to  corporal  penalty,  and  that  those  who 
were  not  restrained  by  the  memory  of  their  orders  from  such 
enormities  would  care  little  for  the  loss  of  orders :  and  that 
the  more  worthy  they  were  than  other  persons  of  the  privi- 
lege of  clergy  so  much  the  worse  was  their  guilt ;  and  hence 
they  should  be  constrained  by  greater  punishments  whenever 
they  were  discovered  in  crime.  Accordingly  the  king,  ad- 
vised by  certain  who  made  a  boast  of  their  learning  in  either 
law,  straitly  demanded  that  such  persons  should  be  deprived 
of  their  orders  and  handed  over  to  the  civil  courts,  the  which 
not  only  human  law  but  also  the  canonical  authority  of  the 
Divine  law  sanctioned.  Whence  also  concerning  such  it  is 
found  in  the  canons,  "let  him  be  given  over  to  the  court." 
Whence  those  who  were  prepared  with  learning  on  the  king's 
behalf  alleged,  in  nowise  should  be  sent  to  exile  or  a  monas- 


132  SOURCE-BOOK  Ol<  ENGLISH  HISTORY 

tery,  but  rather,  according  to  the  canons,  to  the  court,  and 
this  "to  he  handed  over  to  the  court"  [they  explained  to 
mean]  to  he  given  over  to  the  secular  power  to  be  punished. 

To  the  king  and  his  party  bringing  forward  these  things, 
the  archbishop,  having  had  counsel  with  the  bishops  of  his 
province  and  with  prelates  of  learning,  when  he  had  an- 
swered at  length  and  clearly  on  behalf  of  ecclesiastical  liberty 
according  to  the  canonical  rule  of  the  ancient  fathers,  at  the 
end  of  his  speech  with  all  devotion  besought  the  royal  clem- 
ency not  to  bring  into  his  realm  a  new  discipline  contrary  to 
the  rules  of  the  holy  fathers,  under  a  new  king  Christ,  and 
under  a  new  law  of  Christ,  by  a  new  and  strange  kind  of  Lord. 
And  this  he  besought  firmly  and  oft  for  himself  and  for  the 
security  of  the  realm,  again  and  again  declaring  that  he 
neither  ought  to  nor  could  endure  it. 

The  king  nothing  moved  by  this,  but  rather  the  more  ex- 
cited as  he  saw  the  archbishop  and  the  bishops  opposing  him 
and,  as  he  reckoned,  so  unanimous  and  constant,  demanded 
whether  they  would  observe  his  royal  custom. 

Whereon  the  archbishop,  after  counsel  had  with  his  breth- 
ren, said  that  he  and  his  brethren  would  observe  them  saving 
their  order.  And  the  bishops  each  made  the  same  answer 
when  questioned  singly  by  the  king.  But  one,  Hilary  of 
Chichester,  considering  rather  the  king's  anger  than  the 
opinion  of  the  others,  without  consulting  the  archbishop  and 
the  bishops  changed  the  expression,  saying  that  he  would  ob- 
serve the  royal  customs  in  good  faith;  and  indeed  for  a  good 
purpose,  as  I  think,  that  he  might  soothe  the  mind  of  the 
king.  But  the  king,  in  no  way  appeased,  spurned  his  good- 
will with  contumely;  and  turning  to  the  archbishop  and  bish- 
ops, having  heard  the  same  speech  from  all,  he  said  that  they 
had  formed  a  host  against  him  and  poison  lay  in  that  saying, 
"salvo  ordine,"  and  that  it  was  full  of  guile.  Wherefore  he 
demanded  that  absolutely  and  without  qualification  they 
should  promise  to  obey  the  customs.  The  archbishop  to  this 
answered  that  they  had  sworn  fealty  to  him  in  life  and  limb 
and  earthly  honour,  salvo  ordine  suo;  and  that  under  earthly 
honour  were  comprehended  the  royal  customs  and  that  they 
would  not  be  bound  in  another  form  to  observe  them,  but 
only  in  that  to  which  they  had  sworn.  When  the  day  was 
now  far  advanced  the  king,  angrily  and  without  saluting  the 
prelates,  departed  hastily  from  the  hall,  in  ire  and  much  in- 
dignation. 

(Herbert  of  Bosham,  as  condensed  in  the  Quadrilogus.     From  St.  Thomm 
of  Canterbury,  ecr.  cited,     p.  44.) 


THE  EARLY  ANGEVINS  133 

60.   The  Constitutions  of  Clarendon 

(1164  A.D.) 

In  the  year  of  the  incarnation  of  the  Lord,  1164,  of  the 
papacy  of  Alexander,  the  fourth  year,  of  the  most  illustrious 
king  of  the  English,  Henry  II.,  the  tenth  year,  in  the  presence 
of  the  same  king,  has  been  made  this  memorial  of  acknowl- 
edgement of  a  certain  part  of  the  customs  and  franchises  and 
dignities  of  his  predecessors,  that  is  to  say  of  King  Henry, 
his  grandfather,  and  of  the  other  kings,  which  ought  to  be  ob- 
served and  held  in  the  kingdom.  And  on  account  of  the  dis- 
cussions and  disputes  which  have  arisen  between  the  clergy 
and  the  justices  of  our  lord  the  king  and  the  barons  of  the 
kingdom  concerning  the  customs  and  dignities,  this  acknowl- 
edgement is  made  in  the  presence  of  the  archbishops  and 
bishops  and  clergy  and  earls  and  barons  and  principal  men  of 
the  kingdom.  And  these  customs,  acknowledged  by  the  arch- 
bishops and  bishops  and  earls  and  barons,  and  by  the  most 
noble  and  ancient  of  the  kingdom,  Thomas,  archbishop  of 
Canterbury,  and  Roger,  archbishop  of  York,  and  Gilbert, 
bishop  of  London,  and  Henry,  bishop  of  Winchester,  and 
Nigel,  bishop  of  Ely,  and  William,  bishop  of  Norwich,  and 
Robert,  bishop  of  Lincoln,  and  Hilary,  bishop  of  Chichester, 
and  Jocelyn,  bishop  of  Salisbury,  and  Richard,  bishop  of 
Chester,  and  Bartholomew,  bishop  of  Exeter,  and  Robert, 
bishop  of  Hereford,  and  David,  bishop  of  Man,  and  Roger, 
bishop-elect  of  Worcester  have  conceded,  and  in  the  word  of 
truth  by  their  living  voice  have  firmly  promised  to  the  lord 
king  and  to  his  heirs  should  be  held  and  observed,  in  good 
faith  and  without  any  evil  intention;  the  following  being 
present :  Robert,  earl  of  Leicester,  Reginald,  earl  of  Cornwall, 
Conan,  count  of  Brittany,  John,  count  of  Eu,  Roger,  earl  of 
Clare,  count  Geoffrey  de  Mandeville,  Hugh,  earl  of  Chester, 
William,  earl  of  Arundel,  Earl  Patrick,  William,  count  of  Fer- 
rarar,  Richard  de  Lacy,  Reginald  de  St.  Valery,  Roger  Bigod, 
Reginald  de  Warenne,  Richer  de  Aquila,  William  de  Brapse, 
Richard  de  Camville,  Nigel  de  Mowbray,  Simon  de  Warfield, 
Humphrey  de  Bohun,  Matthew  de  Hereford,  Walter  de  Med- 
way,  Manasses  Bisett,  steward,  William  Malet,  William  de 
Courcy,  Robert  de  Dunstanville,  Jocelyn  de  Balliol,  William 
de  Lanvale,  William  de  Cheyney,  Geoffrey  de  Vere,  William 
de  Hastings,  Hugh  de  Morville,  Alan  de  Neville,  Simon 
Fitz-Peter,  William  Malduit,  chamberlain,  John  Malduit, 
John  Marshall,  Peter  de  Mare,  and  many  others  of  the  prin- 
cipal men  and  nobles  of  the  kingdom,  as  well  clergy  as  laity. 


134  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Of  these  acknowledged  customs  and  dignities  of  the  realm, 
a  certain  part  is  contained  in  the  present  writing.  Of  this 
part  the  heads  are  as  follows: 

§  I.  If  any  controversy  has  arisen  concerning  the  aclvow- 
son  and  presentation  of  churches  between  laymen,  or  between 
laymen  and  ecclesiastics,  or  between  ecclesiastics,  it  is  to  be 
considered  or  settled  in  the  court  of  the  lord  king. 

§  2.  Churches  of  the  fee  of  the  lord  king  cannot  be  given 
perpetually  without  his  assent  and  grant. 

§  3.  Clergymen  charged  and  accused  of  anything,  when 
they  have  been  summoned  by  a  justice  of  the  king  shall  come 
into  his  court,  to  respond  there  to  that  which  it  shall  seem 
good  to  the  court  of  the  king  for  them  to  respond  to,  and  in 
the  ecclesiastical  court  to  what  it  shall  seem  good  should  be 
responded  to  there;  so  that  the  justice  of  the  king  shall  send 
into  the  court  of  holy  church  to  see  how  the  matter  shall  be 
treated  there.  And  if  a  clergyman  shall  have  been  convicted 
or  has  confessed,  the  church  ought  not  to  protect  him  other- 
wise. 

§  4.  It  is  not  lawful  for  archbishops,  bishops,  and  persons 
of  the  realm  to  go  out  of  the  realm  without  the  permission  of 
the  lord  king.  And  if  they  go  out,  if  it  please  the  lord  king, 
they  shall  give  security  that  neither  in  going  nor  in  making 
a  stay  nor  in  returning  will  they  seek  evil  or  loss  to  the  king 
or  the  kingdom. 

§  5.  Excommunicated  persons  ought  not  to  give  per- 
manent security  nor  offer  an  oath,  but  only  security  and  a 
pledge  to  stand  to  the  judgment  of  the  church,  in  order  that 
they  may  be  absolved. 

§  6.  Laymen  ought  not  to  be  accused  except  by  definite 
and  legal  accusers  and  witnesses,  in  the  presence  of  the 
bishop,  so  that  the  archdeacon  shall  not  lose  his  right,  nor 
anything  which  he  ought  to  have  from  it.  And  if  there  are 
such  persons  as'  are  blamed,  but  no  one  wishes  or  no  one 
dares  to  accuse  them,  let  the  sheriff  when  required  by  the 
bishop  cause  twelve  legal  men  of  the  neighbourhood  or  of  the 
township  to  take  an  oath  in  the  presence  of  the  bishop  that 
they  will  show  the  truth  about  it  according  to  their  con- 
science. 

§  7.  No  one  who  holds  from  the  king  in  chief,  nor  any 
one  of  the  officers  of  his  demesnes  shall  be  excommunicated, 
nor  the  lands  of  any  one  of  them  placed  under  an  interdict, 
unless  the  lord  king,  if  he  is  in  the  land,  first  agrees,  or  his 
justice,  if  he  is  out  of  the  realm,  in  order  that  he  may  do  right 


THE  EARLY  ANGEVINS  135 

concerning  him ;  and  so  that  what  shall  pertain  to  the  king's 
court  shall  be  settled  there,  and  for  that  which  has  respect  to 
the  ecclesiastical  court,  that  it  may  be  sent  to  the  same  to  be 
considered  there. 

§  8.  Concerning  appeals,  if  they  should  occur,  they  ought 
to  proceed  from  the  archdeacon  to  the  bishop,  from  the  bishop 
to  the  archbishop.  And  if  the  archbishop  should  fail  to  show 
justice,  it  must  come  to  the  lord  king  last,  in  order  that  by  his 
command  the  controversy  should  be  finally  terminated  in  the 
court  of  the  archbishop,  so  that  it  ought  not  to  proceed 
further  without  the  assent  of  the  lord  king. 

§  9.  If  a  contest  has  arisen  between  a  clergyman  and  a 
layman  or  between  a  layman  and  a  clergyman,  concerning 
any  tenement  which  the  clergymen  wishes  to  bring  into  char- 
itable tenure,  but  the  layman  into  a  lay  fief,  it  shall  be  settled 
by  the  deliberation  of  a  principal  justice  of  the  king,  on  the 
recognition  of  twelve  legal  men,  whether  the  tenement  per- 
tains to  charity  or  to  a  lay  fief,  in  the  presence  of  that  justice 
of  the  king.  And  if  the  recognition  shall  decide  that  it  be- 
longs to  charity,  the  suit  will  be  in  the  ecclesiastical  court, 
but  if  to  a  lay  fief,  unless  both  are  answerable  to  the  same 
bishop  or  baron,  the  suit  will  be  in  the  king's  court.  But  if 
both  shall  be  answerable  concerning  that  fief  before  the  same 
bishop  or  baron,  the  suit  will  be  in  his  court,  provided  that 
the  one  who  was  formerly  in  possession  shall  not  lose  his 
possession  on  account  of  the  recognition  which  has  been 
made  until  it  has  been  decided  upon  through  the  suit. 

§  10.  If  any  one  who  is  of  a  city  or  a  castle  or  a  borough 
or  a  demesne  manor  of  the  lord  king  has  been  summoned  by 
the  archdeacon  or  the  bishop  for  any  offence  for  which  he 
ought  to  respond  to  them,  and  is  unwilling  to  make  answer 
to  their  summons,  it  is  fully  lawful  to  place  him  under  an 
interdict,  but  he  ought  not  to  be  excommunicated  before  the 
principal  officer  of  the  lord  king  for  that  place  agrees,  in 
order  that  he  may  adjudge  him  to  come  to  the  answer.  And 
if  the  officer  of  the  king  is  negligent  in  this,  he  himself  will 
be  at  the  mercy  of  the  lord  king,  and  afterward  the  bishop 
shall  be  able  to  coerce  the  accused  man  by  ecclesiastical 
justice. 

§  li.  Archbishops,  bishops,  and  all  persons  of  the  realm, 
who  hold  from  the  king  in  chief,  have  their  possessions  from 
the  lord  king  as  a  barony,  and  are  responsible  for  them  to  the 
justices  and  officers  of  the  king,  and  follow  and  perform  all 
royal  rules  and  customs ;  and  just  as  the  rest  of  the  barons 


136  SOURCE-BOOK  OF  ENGLISH  HISTORY 

ought  to  be  present  at  the  judgment  of  the  court  of  the  lord 
king  along  with  the  barons,  at  least  till  the  judgment  reaches 
to  loss  of  limbs  or  to  death. 

§  12.  When  an  archbishopric  or  bishopric  or  abbacy  or 
priorate  of  the  demesne  of  the  king  has  become  vacant,  it 
ought  to  be  in  his  hands  and  he  shall  take  thence  all  its  rights 
and  products  just  as  demesnes.  And  when  it  has  come  to 
providing  for  the  church,  the  lord  king  ought  to  summon  the 
more  powerful  persons  of  the  church,  and  the  election  ought 
to  be  made  in  the  chapel  of  the  lord  king  himself,  with  the 
assent  of  the  lord  king  and  with  the  agreement  of  the  persons 
of  the  realm  whom  he  has  called  to  do  this.  And  there  the 
person  elected  shall  do  homage  and  fealty  to  the  lord  king  as 
to  his  liege  lord,  concerning  his  life  and  his  limbs  and  his 
earthly  honour,  saving  his  order,  before  he  shall  be  con- 
secrated. 

§  13.  If  any  one  of  tjie  great  men  of  the  kingdom  has  pre- 
vented archbishop,  bishop  or  archdeacon  from  exercising 
justice  upon  himself  or  his,  the  lord  king  ought  to  bring  him 
to  justice.  And  if  by  chance  anyone  has  deprived  the  lord 
king  of  his  right,  the  archbishops  and  bishops  and  arch- 
deacons ought  to  bring  him  to  justice  in  order  that  he  may 
give  satisfaction  to  the  lord  king. 

§  14.  The  chattels  of  those  who  are  in  forfeiture  to  the 
king  no  church  or  church-yard  must  detain  against  the  jus- 
tice of  the  king,  because  they  are  the  king's  whether  they 
have  been  found  within  the  churches  or  without. 

§  15.  Suits  concerning  debts  which  are  owed  through  the 
medium  of  a  bond  or  without  the  medium  of  a  bond  should 
be  in  the  jurisdiction  of  the  king. 

§  16.  Sons  of  rustics  ought  not  to  be  ordained  without  the 
assent  of  the  lord  upon  whose  land  they  are  known  to  have 
been  born. 

The  acknowledgment  of  the  aforesaid  royal  customs  and 
dignities  has  been  made  by  the  aforesaid  archbishops,  and 
bishops,  and  earls,  and  barons,  and  the  more  noble  and  ancient 
of  the  realm,  at  Clarendon,  on  the  fourth  day  before  the 
Purification  of  the  Blessed  Mary,  perpetual  Virgin,  Lord 
Henry  with  his  father,  the  lord  king,  being  there  present. 
There  are,  however,  many  other  and  great  customs  and  dig- 
nities of  holy  mother  church  and  of  the  lord  king,  and  of  the 
barons  of  the  realm,  which  are  not  contained  in  this  writing. 
These  are  preserved  to  holy  church  and  to  the  lord  king  and 
to  his  heirs  ard  to  the  barons  of  the  realm,  and  shall  be  ob- 
served inviolably  forever.  (Translations  and  Reprints,  ed.  cited.) 


137 

6i.   The  King's  Rash  Words  and  Remorse 

William  Fits  Stephen 

The  Archbishops  of  York  and  the  Bishops  of  London  and 
Salisbury,  with  the  Archdeacon  of  Poictiers  (the  Archdeacon 
of  Canterbury  was  delayed  on  the  sea  by  bad  weather),  hav- 
ing crossed  the  water,  came  to  the  King's  court.  He  had 
already  heard  of  the  suspension  and  excommunication  of 
the  bishops.  They  repeat  to  him  the  whole  story.  They  lay 
all  the  blame  upon  the  Archbishop;  they  declare  him  to  be 
guilty  of  treason  in  what  he  has  done.  Falsehood  doubles 
his  offence.  It  had  been  told  the  King  that  the  Archbishop 
was  making  the  circuit  of  the  kingdom  at  the  head  of  a  large 
body  of  men.  The  King  asks  the  Archbishop  of  York  and 
the  Bishops  of  London  and  Salisbury  to  advise  him  what  to 
do.  "It  is  not  our  part,"  they  say,  "to  tell  you  what  must  be 
done."  At  length  one  says,  "My  lord,  while  Thomas  lives, 
you  will  not  have  peace  or  quiet  or  see  another  good  day." 
On  hearing  this,  such  fury,  bitterness,  and  passion  took  pos- 
session of  the  King,  as  his  disordered  look  and  gesture  ex- 
pressed, that  it  was  immediately  understood  what  he  wanted. 

When  they  saw  his  emotion,  four  knights,  barons  of  the 
king's  household,  seeking  to  please  him,  named  Reginald 
Fitz  Urse,  William  de  Traci,  Hugh  de  Morville,  Richard 
Brito  having  sworn  the  death  of  the  Archbishop,  departed 
sailing  from  different  ports.  By  the  guidance  of  the  devil 
the  old  enemy  of  all  good,  they  met  at  the  same  hour  on  the 
morrow  at  the  castle  of  the  family  of  Broc,  at  Saltwood. 

Whilst  we  were  lately  assembled  in  council  before  our  lord 
the  king,  and  supposed  we  were  going  to  discuss  important 
matters  connected  with  the  Church, . . .  we  are  told  by  some 
who  are  just  come  over  from  England,  that  certain  enemies 
of  the  archbishop,  provoked  to  madness,  it  is  said,  by  frequent 
causes  of  exasperation,  have  suddenly  set  upon  him,  and  — 
I  can  hardly  write  for  my  tears  —  have  attacked  his  person 
and  put  him  to  a  cruel  death.  At  the  first  words  of  the  mes- 
senger the  king  burst  into  loud  lamentations,  and  exchanged 
his  royal  robes  for  sackcloth  and  ashes,  acting  more  like  a 
friend  than  the  sovereign  of  the  deceased.  At  times  he 
ceased  his  cries  and  became  stupid ;  after  which  he  burst 
again  into  cries  and  lamentations  louder  than  before.  Three 
whole  days  he  spent  in  his  chamber,  and  would  receive 
neither  food  nor  consolation,  but  by  the  excess  of  his  grief 
it  seemed  as  if  he  had  thoroughly  made  up  his  mind  to  die. 
The  state  of  things  indeed  became  alarming,  and  we  had  now 


138  SOURCE-BOOK  OF  ENGLISH  HISTORY 

a  double  cause  for  anxiety.  First  we  had  to  lament  the  death 
of  the  bishop,  now  we  almost  despaired  of  the  life  of  the  king, 
and  so  in  losing  one  we  thought  our  evil  fortune  would  de- 
prive us  of  both. 

(William  Fiti  Stephen.     From  St.  Thomas  of  Canterbury ,  ed.  cited,     p.  232.) 

62.   The  Assize  of  Clarendon 

(1166) 

The  Assize  of  Clarendon  is  of  great  importance  to  the  histori- 
cal student  because  of  its  re-arrangement  of  judicial  processes. 
It  is  a  valuable  legal  landmark.  By  it  the  custom  of  the  country 
was  crystallised  in  the  provision  for  a  jury  of  presentment,  anal- 
ogous to  the  modern  grand  jury.  The  old  form  of  compurgation 
was  finally  superseded,  and  that  of  collective  responsibility  re- 
affirmed. The  whole  document  is  worthy  of  intensive  study. 

Here  begins  the  Assize  of  Clarendon,  made  by  King 
Henry  II.  with  the  assent  of  the  archbishops,  bishops,  ab- 
bots, earls  and  barons  of  all  England. 

§  I.  In  the  first  place,  the  aforesaid  King  Henry,  with 
the  consent  of  all  his  barons,  for  the  preservation  of  the 
peace  and  the  keeping  of  justice,  has  enacted  that  inquiry 
should  be  made  through  the  several  counties  and  through  the 
several  hundreds,  by  twelve  of  the  more  legal  men  of  the 
hundred  and  by  four  of  the  more  legal  men  of  each  manor, 
upon  their  oath  that  they  will  tell  the  truth,  whether  there  is 
in  their  hundred  or  in  their  manor,  any  man  who  has  been 
accused  or  publicly  suspected  of  himself  being  a  robber,  or 
murderer,  or  thief,  or  of  being  a  receiver  of  robbers,  or  mur- 
derers, or  thieves,  since  the  lord  king  has  been  king.  And 
let  the  justices  make  this  inquiry  before  themselves,  and  the 
sheriffs  before  themselves. 

§  2.  And  let  anyone  who  has  been  found  by  the  oath  of 
the  aforesaid,  to  have  been  accused  or  publicly  suspected  of 
having  been  a  robber,  or  murderer,  or  thief,  or  a  receiver  of 
them,  since  the  lord  king  has  been  king,  be  arrested  and  go 
to  the  ordeal  of  water  and  let  him  swear  that  he  has  not  been 
a  robber,  or  murderer,  or  thief,  or  receiver  of  them  since  the 
lord  king  has  been  king,  to  the  value  of  five  shillings,  so  far 
as  he  knows. 

§  3.  And  if  the  lord  of  the  man  who  has  been  arrested  or 
his  steward  or  his  men  shall  have  claimed  him,  with  a  pledge, 
within  the  third  day  after  he  has  been  seized,  let  him  be  given 
up  and  his  chattels  until  he  himself  makes  his  law. 

§  4.     And  when  a  robber,  or  murderer,  or  thief,  or  receiver 


THE  EARLY  ANGEVINS  139 

of  them  shall  have  been  seized  through  the  above-mentioned 
oath,  if  the  justices  are  not  to  come  very  soon  into  that 
county  where  they  have  been  arrested,  let  the  sheriffs  send 
word  to  the  nearest  justice  by  some  intelligent  man  that  they 
have  arrested  such  men,  and  the  justices  will  send  back  word 
to  the  sheriffs  where  they  wish  that  these  should  be  brought 
before  them;  and  the  sheriffs  shall  bring  them  before  the 
justices;  and  along  with  these  they  shall  bring  from  the 
hundred  and  the  manor  where  they  have  been  arrested,  two 
legal  men  to  carry  the  record  of  the  county  and  of  the  hun- 
dred as  to  why  they  were  seized,  and  there  before  the  justice 
let  them  make  their  law. 

§  5.  And  in  the  case  of  those  who  have  been  arrested 
through  the  aforesaid  oath  of  this  assize,  no  one  shall  have 
court,  or  judgment,  or  chattels,  except  the  lord  king  in  his 
court  before  his  justices,  and  the  lord  king  shall  have  all 
their  chattels.  In  the  case  of  those,  however,  who  have  been 
arrested,  otherwise  than  through  this  oath,  let  it  be  as  it  has 
been  accustomed  and  ought  to  be. 

§  6.  And  the  sheriffs  who  have  arrested  them  shall  bring 
such  before  the  justice  without  any  other  summons  than  they 
have  from  him.  And  when  robbers,  or  murderers,  or  thieves, 
or  receivers  of  them,  who  have  been  arrested  through  the 
oath  or  otherwise,  are  handed  over  to  the  sheriffs  they  also 
must  receive  them  immediately  without  delay. 

§  7.  And  in  the  several  counties  where  there  are  no  jails, 
let  such  be  made  in  a  borough  or  in  some  castle  of  the  king, 
from  the  money  of  the  king  and  from  his  forest,  if  one  shall 
be  near,  or  from  some  other  neighbouring  forest,  on  the  view 
of  the  servants  of  the  king;  in  order  that  in  them  the  sheriffs 
may  be  able  to  detain  those  who  have  been  seized  by  the  offi- 
cials who  are  accustomed  to  do  this  or  by  their  servants. 

§  8.  And  the  lord  king  moreover  wills  that  all  should  come 
to  the  county  courts  to  make  this  oath,  so  that  no  one  shall 
remain  behind  because  of  any  franchise  which  he  has  or 
court  or  jurisdiction  which  he  had,  but  that  they  should  come 
to  the  making  of  this  oath. 

§  9.  And  there  is  to  be  no  one  within  a  castle  or  without 
a  castle  or  even  in  the  honour  of  Wallingford,  who  may  for- 
bid the  sheriffs  to  enter  into  his  court  or  his  land  for  seeing 
to  the  frankpledges  and  that  all  are  under  pledges;  and  let 
them  be  sent  before  the  sheriffs  under  a  free  pledge. 

§  10.  And  in  cities  and  boroughs,  let  no  one  have  men  or 
receive  them  in  his  house  or  in  his  land  or  his  soc,  whom  he 


MO  SOURCE-BOOK  OF  ENGLISH  HISTORY 

does  not  take  in  hand  that  he  will  produce  before  the  justice 
if  they  shall  be  required,  or  else  let  them  be  under  a  frank- 
pledge. 

§  n.  And  let  there  be  none  in  a  city  or  borough  or  in  a 
castle  or  without,  or  even  in  the  honour  of  Wallingford,  who 
shall  forbid  the  sheriffs  to  enter  into  his  land  or  his  juris- 
diction to  arrest  those  who  have  been  charged  or  publicly 
suspected  of  being  robbers  or  thieves  or  receivers  of  them, 
or  outlaws,  or  persons  charged  concerning  the  forest ;  but  he 
requires  that  they  should  aid  them  to  capture  these. 

§  12.  And  if  any  one  is  captured  who  has  in  his  pos- 
session the  fruits  of  robbery  or  theft,  if  he  is  of  bad  reputa- 
tion and  has  an  evil  testimony  from  the  public,  and  has  not 
a  warrant,  let  him  not  have  law.  And  if  he  shall  not  have 
been  accused  on  account  of  the  possession  which  he  has,  let 
him  go  to  the  water. 

§  13.  And  if  any  one  shall  have  acknowledged  robbery  or 
murder  or  theft  or  the  reception  of  them  in  the  presence  of 
legal  men  or  of  the  hundreds,  and  afterwards  shall  wish  to 
deny  it,  he  shall  not  have  law. 

§  14.  The  lord  king  wills  moreover  that  those  who  make 
their  law  and  shall  be  absolved  by  the  law,  if  they  are  of  very 
bad  testimony,  and  publicly  and  disgracefully  spoken  ill  of 
by  the  testimony  of  many  and  legal  men,  shall  abjure  the 
lands  of  the  king,  so  that  within  eight  days  they  shall  go  over 
the  sea,  unless  the  wind  shall  have  detained  them ;  and  with 
the  first  wind  which  they  shall  have  afterward  they  shall  go 
over  the  sea,  and  they  shall  not  afterward  return  into  Eng- 
land, except  on  the  permission  of  the  lord  king;  and  then  let 
them  be  outlawed  if  they  return,  and  if  they  return  they  shall 
be  seized  as  outlaws. 

§  15.  And  the  lord  king  forbids  any  vagabond,  that  is  a 
wandering  or  an  unknown  man,  to  be  sheltered  anywhere  ex- 
cept in  a  borough,  and  even  there  he  shall  be  sheltered  only 
one  night,  unless  he  shall  be  sick  there,  or  his  horse,  so  that 
he  is  able  to  show  an  evident  excuse. 

§  16.  And  if  he  shall  have  been  there  more  than  one  night, 
let  him  be  arrested  and  held  until  his  lord  shall  come  to  give 
securities  for  him,  or  until  he  himself  shall  have  secured 
pledges;  and  let  him  likewise  be  arrested  who  has  sheltered 
him. 

§  17.  And  if  any  sheriff  shall  have  sent  word  to  any  other 
sheriff  that  men  have  fled  from  his  county  into  another 
county,  on  account  of  robbery  or  murder  or  theft,  or  the  re- 


THE  EARLY  ANGEVINS  141 

ception  of  them,  or  for  outlawry  or  for  a  charge  concerning 
the  forest  of  the  king,  let  him  arrest  them.  And  even  if  he 
knows  of  himself  or  through  others  that  such  men  have  fled 
into  his  county,  let  him  arrest  them  and  hold  them  until  he 
shall  have  secured  pledges  from  them. 

§  18.  And  let  all  sheriffs  cause  a  list  to  be  made  of  all 
fugitives  who  have  fled  from  their  counties ;  and  let  them  do 
this  in  the  presence  of  their  county  courts,  and  they  will  carry 
the  written  names  of  these  before  the  justices  when  they 
come  first  before  these,  so  that  they  may  be  sought  through 
all  England,  and  their  chattels  may  be  seized  for  the  use  of 
the  king. 

§  19.  And  the  lord  king  wills  that,  from  the  time  when 
the  sheriffs  have  received  the  summons  of  the  justices  in  eyre 
to  appear  before  them  with  their  county  courts,  they  shall 
gather  together  their  county  courts  and  make  inquiry  for  all 
who  have  recently  come  into  their  counties  since  this  assize ; 
and  that  they  should  send  them  away  with  pledges  that  they 
will  be  before  the  justices,  or  else  keep  them  in  custody  until 
the  justices  come  to  them,  and  then  they  shall  have  them 
before  the  justices. 

§  20.  The  lord  king  moreover  prohibits  monks  and  canons 
and  all  religious  houses  from  receiving  any  one  of  the  lesser 
people  as  a  monk  or  canon  or  brother,  until  it  is  known  of 
what  reputation  he  is,  unless  he  shall  be  sick  unto  death. 

§  21.  The  lord  king  moreover  forbids  any  one  in  all  Eng- 
land to  receive  in  his  land  or  his  jurisdiction  or  in  a  house 
under  him  any  one  of  the  sect  of  those  renegades  who  have 
been  excommunicated  and  branded  at  Oxford.  And  it  any- 
one shall  have  received  them,  he  will  be  at  the  mercy  of  the 
lord  king,  and  the  house  in  which  they  have  been  shall  be 
carried  outside  the  village  and  burned.  And  each  sheriff 
will  take  this  oath  that  he  will  hold  this,  and  will  make  all 
his  servants  swear  this,  and  the  stewards  of  the  barons,  and 
all  knights  and  free  tenants  of  the  counties. 

§  22.  And  the  lord  king  wills  that  this  assize  shall  be  held 
in  his  kingdom  so  long  as  it  shall  please  him. 

(Translations  and  Reprints,  ed.  cited.) 

63.   Constitution  of  the  King's  Household 

Little  Black  Book  of  the  Exchequer 

This  document  is  of  sufficient  importance  to  warrant  its  intro- 
duction into  this  book  of  sources.  In  the  words  of  its  most  able 
editor,  HUBERT  HALL,  F.S.A.,  of  the  Public  Record  Office:  "The 
value  of  this  historical  document  is  inestimable.  It  brings  us  into 


142  SOURCE-BOOK  OF  ENGLISH  HISTORY 

touch  with  the  Angevin  king  [Henry  II.]  and  possibly  with  his 
Norman  predecessors,  by  affording  a  hundred  clues  to  court 
life."  Beside  this,  it  affords  a  host  of  suggestions  upon  the 
manners  of  the  times. 

THIS    IS   THE    CONSTITUTION    OF    THE    KING'S    HOUSE 

The  Chancellor. 

Five  shillings  daily  and  one  royal  simnel,  and  two  [of 
dripping,]  and  one  sextary  of  clear  wine,  and  one  sextary 
of  household  wine,  and  one  wax-candle  and  forty  candle- 
ends. 

The  Master  of  the  Scriptorum. 

Formerly  tenpence  daily,  and  one  simnel  [of  dripping,] 
and  half  a  sextary  of  household  wine,  and  one  thick  candle 
and  twelve  candle-ends.  But  King  Henry  increased  Robert 
de  Sigillo  by  so  much,  that  on  the  day  of  the  king's  death 
he  had  two  shillings,  and  one  sextary  of  household  wine, 
and  one  simnel  [of  dripping,]  and  one  taper  and  twenty- 
four  candle-ends. 

The  Chaplain,  Keeper  of  the  Chapel  and  Relics. 

The  entertainment  of  two  men  and  four  Serjeants  of  the 
Chapel,  each  a  double  ration ;  and  two  sumpter-horses  of 
the  Chapel,  each  one  penny  daily  and  one  penny  to  shoe 
them  monthly.  For  the  service  of  the  Chapel,  two  wax- 
candles  on  Wednesday  and  two  on  Saturday ;  and  every 
night  one  wax-candle  at  the  Relics,  and  thirty  candle-ends ; 
and  one  gallon  of  clear  wine  at  mass  and  one  sextary  of 
household  wine  on  the  day  of  Absolution,  to  wash  the 
altar.  On  Easter  Day,  at  Communion,  one  sextary  of  clear 
wine  and  one  of  household  wine. 

The  Clerk  of  the  household  bread  and  wine. 

Two  shillings  daily,  and  one  simnel  [of  dripping,]  and 
one  sextary  of  household  wine,  and  one  taper  and  twenty- 
four  candle-ends. 

Of  the  Stewards  of  the  bread. 

The  regular  Master  Steward  of  the  bread,  if  he  shall  eat 
without  the  king's  house,  two  shillings  and  tenpence  daily, 
and  one  simnel  [of  dripping,]  and  one  sextary  of  house- 
hold wine,  and  candles  fully. 

Of  the  Sewers. 

The  Sewers  the  same  as  the  Chancellor,  if  they  shall  eat 
without  the  house;  if  within,  three  shillings  and  sixpence, 
and  two  simnels  [of  dripping,]  and  one  sextary  of  house- 
hold wine  and  candles  fully. 


THE  EARLY  ANGEVINS  143 

Of  the  Stewards  serving  in  turn. 

If  without  the  house,  nineteen  pence  daily,  and  one  sim- 
nel  [of  dripping,]  and  one  sextary  of  household  wine,  and 
one  thick  candle  and  twenty  candle-ends.  If  within,  ten- 
pence  and  half  a  sextary  of  household  wine  and  candles 
fully. 
Of  the  Naperers. 

The  Naperer,  the  customary  ration.     To  his  man,  three 
half-pence  daily,  and  one  penny  for  a  sumpter-horse,  and 
one  penny  monthly  to  shoe  him. 
The  Usher  of  the  Dispensary. 

The  same,  the  sumpter-horse  excepted. 
The  Counter  of  the  Bread. 
The  customary  ration. 
Of  the  four  Bakers  serving  together  in  their  turn. 

Two  who  serve  in  the  house  shall  eat  in  the  house ;  and 
two  who  go  abroad  shall  have  forty  pence  to  procure  a 
measure  of  Rouen  for  which  they  should  render  forty  royal 
simnels  and  a  hundred  and  fifty  [of  dripping,]  and  two 
hundred  and  seventy  baker's  loaves.  A  royal  simnel  to 
four,  one  [of  dripping]  to  two,  and  a  loaf  to  each. 
Of  the  Waferers. 

The  Waferer,  the  customary  ration;  and  three  half-pence 
to  his  man  daily. 
The  Keeper  of  the  Tables. 

So  much  as  the  above;  and  besides  this  a  sumpter-horse 
with  his  allowance. 

The  bearer  of  the  Alms-dish  shall  eat  in  the  house. 
Of  the  Stewards  of  the  Larder. 

The  Master  Steward  of  the  Larder,  the  same  as  the 
Master  Steward  of  the  bread  and  wine,  and  in  the  same 
manner. 

Likewise  the  Stewards  of  the  Larder  serving  in  turn, 
like  also  as  the  Stewards  of  the  bread  and  wine  serve  in 
turn.  The  Larderers  who  serve  in  turn,  the  customary 
ration,  and  their  man  three  half-pence  daily.  The  Usher 
of  the  Larder  the  same.  The  Slaughter-men  the  customary 
ration  only. 

Of  the  Cooks. 

The  Cook  of  the  king's  kitchen  shall  eat  in  the  house. 
Three  half-pence  to  his  man.  ********** 


144  SOURCE-BOOK  OP  ENGLISH  HISTORY 

Of  the  Great  Kitchen. 

The  king's  Poulterer,  the  customary  ration  and  three 
half-pence  to  his  man. 

Two  Cooks,  each  of  them  the  customary  ration.  Three 
half-pence  to  their  man. 

The  Serjeants  of  the  same  kitchen,  the  customary  ration 
only. 

The  Usher  of  the  Spithouse,  the  customary  ration;  to  his 
man  three  half -pence. 

The  Turn  Spit  likewise. 

Likewise  the  Keeper  of  the  Dishes,  and  besides  this  one 
sumpter-horse  with  his  allowance. 

The  Carter  of  the  great  kitchen,  a  double  ration,  and  for 
his  horse  a  proper  allowance. 

The  Carter  of  the  Larder  likewise. 

The  Serjeant  who  receives  the  venison  shall  eat  within ; 
and  three  half-pence  to  his  man. 

The  Master  Butler,  the  same  as  the  Sewer,  and  they 
have  one  allowance  and  in  the  same  manner. 

The  Master  Stewards  of  the  Butlery  who  serve  in  turn, 
the  same  as  the  Stewards  of  the  Dispensary  who  serve  in 
turn.  But  they  have  more  candle,  because  they  have  a 
taper  and  twenty-four  candle-ends. 

The  Usher  of  the  Butlery,  the  customary  ration,  and 
three  half-pence  to  his  man. 

The  Hosiers  shall  eat  in  the  house,  and  to  each  of  their 
men  threepence. 

The  Butterer,  the  customary  ration,  and  threepence  to 
his  men,  and  half  a  sextary  of  household  wine  and  twelve 
candle-ends. 

The  Workmen  of  the  Buttery,  the  customary  ration  only, 
but  the  serjeant  besides  this  three  half-pence  to  his  man 
and  two  sumpter-horses  with  their  allowances. 
Of  the  Keepers  of  the  Cups. 

Four  only  must  serve  together  in  their  turn,  of  whom 
two  shall  eat  in  the  house,  and  each  for  his  man  three  half- 
pence. Two  other  shall  have  the  customary  ration  and 
likewise  three  half-pence  to  their  men. 

The  Keepers  of  the  Mazers  a  double  ration  only. 
Of  the  Fruiterers. 

The  Fruiterer  shall  eat  in  the  house,  and  three  of  his 
men. 

The    Carter   the    customary   ration    and    allowance    for   his 
horses. 


THE  EARLY  ANGEVINS  US 

The  Master  Chamberlain  is  equal  with  the  Sewer  in  his 
allowance. 

The  Treasurer  as  the  Master  Chamberlain  if  he  shall  be  in 
the  Court  and  shall  serve  in  the  Treasury.  William 
Maudut  fourteen  pence  daily,  and  he  shall  eat  regularly  in 
the  house,  and  one  thick  candle  and  thirteen  candle-ends 
and  two  sumpter-horses  with  their  allowances. 

The  Porter  of  the  King's  Litter  shall  eat  in  the  house,  and  to 
his  man  three  half-pence  and  one  sumpter-horse  with  his 
allowance. 

The  Chamberlain  who  serves  in  his  turn  two  shillings  daily, 
and  one  simnel  [of  dripping,]  and  one  sextary  of  house- 
hold wine,  and  one  taper  and  fourteen  candle-ends. 

The  Chamberlain  of  the  Candles  eightpence  daily,  and  half 
a  sextary  of  household  wine. 

The  King's  Tailor  shall  eat  in  his  house,  and  to  his  man 
three  half-pence. 

The  Chamberlain  shall  eat  in  the  house  without  allowance  if 
he  shall  desire  it. 

The  Water-carrier  a  double  ration,  and  when  the  king  goes 
abroad  one  penny  to  wring  out  the  king's  clothes ;  and 
when  the  king  bathes,  threepence,  except  on  the  three 
feasts  of  the  year. 

Of  the  Washerwoman  —  doubtful. 

The  Constables  have  allowances  like  as  the  Sewers,  and  in 
like  manner  William,  son  of  Odo,  one  royal  simnel  and  one 
sextary  of  clear  wine  and  one  taper  and  twenty-four 
candle-ends. 

Henry  de  la  Pomerai,  if  he  shall  eat  without  the  house, 
two  shillings  daily,  and  one  simnel  [of  dripping,]  and  one 
sextary  of  household  wine,  and  one  taper,  and  twenty-four 
candle-ends;  but  if  within,  fourteen  pence  and  half  a  sex- 
tary of  household  wine,  and  candle  fully. 
Roger  de  Oyli  likewise. 

Of  the  Marshalsea. 

The  Master  Marshal  likewise,  namely,  John.  And  be- 
sides this  he  ought  to  have  vouchers  of  the  gifts  and  allow- 
ances that  may  arise  from  the  King's  Treasury  and  from 
his  Chamber,  and  he  ought  to  have  vouchers  against  all  the 
king's  officials  as  witness  for  all  things. 

The  four  Marshals  who  serve  the  family  of  the  king  as 
well  clerks  as  knights  and  ministers,  the  day  whereon  they 


146  SOURCE-BOOK  OF  ENGLISH  HISTORY 

make  a  harbourage  or  abide  without  the  Court  in  the 
king's  business,  eightpence  daily,  and  one  gallon  of  house- 
hold wine  and  twelve  candle-ends.  If  without,  threepence 
daily  for  their  man  and  a  full  candle.  And  it"  anyone  of 
the  Marshals  shall  be  sent  on  the  king's  business,  eight- 
pence  only. 

The  Serjeants  of  the  Marshals  if  they  shall  be  sent  on 
the  king's  business,  to  each  of  them,  daily,  threepence.  But 
if  not  they  shall  eat  in  the  king's  house. 

The  Ushers,  servants  of  the  Bishop,  shall  eat  in  the  house ; 
to  each  of  their  men  three  half-pence  daily  and  eight 
candle-ends. 

Gilbert  Bonnehomme  and  Ralph  shall  eat  in  the  house  with- 
out any  other  allowance. 

The  Watchmen,  a  double  ration;  and  to  their  men  three  half- 
pence daily  and  four  candles,  and  besides  this  of  a  morning 
each  of  them  two  loaves  and  one  dish  of  meat  and  one  gal- 
lon of  beer. 

The  Keeper  of  the  Hearth  shall  always  eat  in  the  house,  and 
from  the  feast  of  Saint  Michael  to  Easter  every  day  four- 
pence  for  the  fire. 

The  Usher  of  the  Chamber  each  day  on  which  the  king  fares 
abroad  fourpence  for  the  king's  bed. 

The  Keeper  of  the  Tents  shall  eat  in  the  house,  and  when- 
ever he  was  to  carry  the  tents,  he  used  to  have  allowance 
for  one  man  and  one  sumpter-horse. 

Each  6f  the  four  Hornblowers  threepence  daily. 

Twenty  Serjeants,  each  one  penny  daily. 

The  Keepers  of  the  Gazehounds,  each  threepence  daily  and 
two-pence,  to  their  men. 

And  for  every  Harrier  a  half-penny  daily. 

The  King's  Mews  eightpence  daily. 

The  Knight's  Huntsmen  eightpence  daily  each. 

The  Cat  Hunters  each  fivepence. 

The  Leader  of  the  Limmers  a  penny. 

A  Limmer,  a  half-penny. 

The  Bear-ward  threepence  daily. 

The  Huntsmen  of  the  Hart,  each  threepence  daily,  and  of  the 
great  Hart  four  ought  to  have  a  penny,  and  of  the  small 
Hart  seven  a  penny. 

For  the  great  Hart  two  men,  and  each  a  penny  daily; 
and  for  the  small  Hart  two  men,  and  each  a  penny  daily. 


THE  EARLY  ANGEVIN 3  M7 

The  Keepers  of  the  Brachs,  each  threepence  daily. 

The  Wolf-catchers,  twenty  pence  daily  for  them  and  their 
men  and  dogs,  and  they  ought  to  have  twenty- four  cours- 
ing dogs,  and  eight  Harriers,  and  six  pounds  by  the  year 
to  buy  horses,  but  they  themselves  say  eight. 

Of  the  Archers  who  used  to  carry  the  king's  bow,  each  five- 
pence  daily;  and  other  archers  the  same. 

Bernard,  Ralph  le  Bobeur,  and  their  fellows  each  threepence 
daily. 

(In  Court  Life  under  the  Plantagenets,  ed.  H.  Hall,  London,  1890.    p.  244.) 

64.   The  First  Coronation  of  Richard  I. 

Roger  de  Hovenden. 

The  ceremony  described  by  Roger  de  Hoveden  illustrates  the 
form  by  which  the  kings  of  England  were  installed  in  office. 
The  royal  state  used  by  the  Norman  kings  was  derived  from 
their  Saxon  predecessors  and  continued  by  the  Angevins.  The 
student  should  observe  the  function  of  the  Church,  the  oath  of 
the  king,  the  manner  of  anointing  and  crowning,  and  the  oaths 
of  fealty  and  homage  which  concluded  the  ceremony. 

First  came  the  bishops,  abbats,  and  large  numbers  of  the 
clergy,  wearing  silken  hoods,  preceded  by  the  cross,  taper- 
bearers,  censers,  and  holy  water,  as  far  as  the  door  of  the 
king's  inner  chamber;  where  they  received  the  before-named 
duke,  and  escorted  him  to  the  church  of  Westminster,  as  far 
as  the  high  altar,  in  solemn  procession,  with  chaunts  of 
praise,  while  all  the  way  along  which  they  went,  from  the 
door  of  the  king's  chamber  to  the  altar,  was  covered  with 
woollen  cloth.  The  order  of  the  procession  was  as  follows: 
First  came  the  clergy  in  their  robes,  carrying  holy  water,  and 
the  cross,  tapers,  and  censers.  Next  came  the  priors,  then 
the  abbats,  and  then  the  bishops,  in  the  midst  of  whom  walked 
four  barons,  bearing  four  candlesticks  of  gold;  after  whom 
came  Godfrey  de  Lucy,  bearing  the  king's  cap  [of  main- 
tenance], and  John  Marshal  by  him,  carrying  two  great  and 
massive  spurs  of  gold.  After  these  came  William  Marshal, 
earl  of  Striguil,  bearing  the  royal  sceptre  of  gold,  on  the  top 
of  which  was  a  cross  of  gold,  and  by  him  William  Fitz- 
Patrick,  earl  of  Salisbury,  bearing  a  rod  of  gold,  having  on 
its  top  a  dove  of  gold.  After  them  came  David,  earl  of 
Huntingdon,  brother  of  the  king  of  Scotland,  John,  earl  of 
Mortaigne,  the  duke's  brother,  and  Robert,  earl  of  Leicester, 
carrying  three  golden  swords  from  the  king's  treasury,  the 
scabbards  of  which  were  worked  all  over  with  gold ;  the  earl 
of  Mortaigne  walking  in  the  middle.  Next  came  six  earls 


148  SOURCE-BOOK  OF  ENGLISH  HISTORY 

and  six  barons,  carrying  on  their  shoulders  a  very  large 
chequer,  upon  which  were  placed  the  royal  arms  and  robes; 
and  after  them  William  de  Mandeville,  earl  of  Aumarle, 
carrying  a  great  and  massive  crown  of  gold,  decorated  on 
every  side  with  precious  stones.  Next  came  Richard,  duke 
of  Normandy,  Hugh,  bishop  of  Durham,  walking  at  his  right 
hand,  and  Reginald,  bishop  of  Bath,  at  his  left,  and  four 
barons  holding  over  them  a  canopy  of  silk  on  four  lofty 
spears.  Then  followed  a  great  number  of  earls,  barons, 
knights,  and  others,  both  clergy  and  laity,  as  far  as  the  porch 
of  the  church,  and  dressed  in  their  robes,  entered  with  the 
duke,  and  proceeded  as  far  as  the  choir. 

When  the  duke  had  come  to  the  altar,  in  presence  of  the 
archbishops,  bishops,  clergy,  and  people,  kneeling  before  the 
altar,  with  the  holy  Evangelists  placed  before  him,  and  many 
relics  of  the  saints,  according  to  custom,  he  swore  that  he 
would  all  the  days  of  his  life  observe  peace,  honour,  and 
reverence  towards  God,  the  Holy  Church,  and  its  ordinances. 
He  also  swore  that  he  would  exercise  true  justice  and  equity 
towards  the  people  committed  to  his  charge.  He  also  swore 
that  he  would  abrogate  bad  laws  and  unjust  customs,  if  any 
such  had  been  introduced  into  his  kingdom,  and  would  enact 
good  laws,  and  observe  the  same  without  fraud  or  evil  intent. 
After  this  they  took  off  all  his  clothes  from  the  waist  up- 
wards, except  his  shirt  and  breeches;  his  shirt  having  been 
previously  separated  over  his  shoulders;  after  which  they 
shod  him  with  sandals  embroidered  with  gold.  Then  Bald- 
win, archbishop  of  Canterbury,  pouring  holy  oil  upon  his 
head,  anointed  him  King  in  three  places,  on  his  head,  breast, 
and  arms,  which  signifies  glory,  valour,  and  knowledge,  with 
suitable  prayers  for  the  occasion;  after  which  the  said  arch- 
bishop placed  a  consecrated  linen  cloth  on  his  head,  and 
upon  that  the  cap  which  Godfrey  de  Lucy  had  carried. 
They  then  clothed  him  in  the  royal  robes,  first  a  tunic,  and 
then  a  dalmatic;  after  which  the  said  archbishop  delivered 
to  him  the  sword  of  rule,  with  which  to  crush  evil-doers 
against  the  Church ;  this  done,  two  earls  placed  the  spurs 
upon  his  feet,  which  John  Marshal  had  carried.  After  this, 
being  robed  in  a  mantle,  he  was  led  to  the  altar,  where  the 
said  archbishop  forbade  him,  in  the  name  of  Almighty  God, 
to  presume  to  take  upon  him  this  dignity,  unless  he  had 
the  full  intention  inviolably  to  observe  the  oaths  and  vows 
before-mentioned  which  he  had  made;  to  which  he  made 
answer  that,  with  God's  assistance,  he  would  without  re- 
servation observe  them  all.  After  this,  he  himself  took  the 


THE  EARLY  ANGEVINS  149 

crown  from  the  altar  and  gave  it  to  the  archbishop ;  on  which, 
the  archbishop  delivered  it  to  him,  and  placed  it  upon  his 
head,  it  being  supported  by  two  earls  in  consequence  of  its 
extreme  weight.  After  this,  the  archbishop  delivered  to  him 
the  sceptre  to  hold  in  his  right  hand,  while  he  held  the  rod 
of  royalty  in  his  left;  and,  having  been  thus  crowned,  the 
king  was  led  back  to  his  seat  by  the  before-named  bishops 
of  Durham  and  Bath,  preceded  by  the  taper-bearers  and  the 
three  swords  before-mentioned.  After  this,  the  mass  of  our 
Lord  was  commenced,  and,  when  they  came  to  the  offertory, 
the  before-named  bishops  led  him  to  the  altar,  where  he 
offered  one  mark  of  the  purest  gold,  such  being  the  proper 
offering  for  the  king  at  each  coronation;  after  which,  the 
bishops  before-named  led  him  back  to  his  seat.  The  mass 
having  been  concluded,  and  all  things  solemnly  performed, 
the  two  bishops  before-named,  one  on  the  right  hand,  the 
other  on  the  left,  led  him  back  from  the  church  to  his 
chamber,  crowned,  and  carrying  a  sceptre  in  his  right  hand 
and  the  rod  of  royalty  in  his  left,  the  procession  going  in  the 
same  order  as  before.  Then  the  procession  returned  to  the 
choir,  and  our  lord  the  king  put  off  his  royal  crown  and 
robes  of  royalty,  and  put  on  a  crown  and  robes  that  were 
lighter;  and,  thus  crowned,  went  to  dine;  on  which  the  arch- 
bishops and  bishops  took  their  seats  with  him  at  the  table, 
each  according  to  his  rank  and  dignity.  The  earls  and 
barons  also  served  in  the  king's  palace,  according  to  their 
several  dignities ;  while  the  citizens  of  London  served  in 
the  cellars,  and  the  citizens  of  Winchester  in  the  kitchen  . . . 
On  the  second  day  after  his  coronation,  Richard,  king  of 
England,  received  the  oaths  of  homage  and  fealty  from  the 
bishops,  abbats,  earls,  and  barons  of  England. 

(Annals  of  Roger  de  Hovcdenfor  1189,  trans,  by  H.  T.  Riley. 
London,  1853.     II,  117.) 

65.  Levying  a  Feudal  Aid 

(n98) 

Roger  de  Hoveden 

The  manner  in  which  the  king's  taxes  were  collected  is  well 
illustrated  in  the  chosen  selection.  .The  minuteness  of  detail  in 
the  account  makes  it  as  interesting  as  valuable.  This  extract 
should  be  compared  with  that  describing  the  levying  of  an  aid  in 
the  seventeenth  century  (No.  152). 

...  In  the  same  year,  Richard,  king  of  England,  levied 
from  each  carucate  or  hide  of  land  throughout  all  England 
five  shillings  as  an  aid;  for  the  purpose  of  collecting  which, 


iso  SOURCE-BOOK  OF  ENGLISH  HISTORY 

the  said  king  sent  through  each  county  of  England  one  clerk 
and  one  knight ;  who,  with  the  sheriff  of  the  county  to  which 
they  were  sent,  and  lawful  knights  elected  for  the  purpose, 
making  oath  that  they  would  faithfully  perform  the  king's 
business,  caused  to  appear  before  them  the  seneschals  of  the 
barons  of  the  said  county,  and  the  lord  or  bailiff  of  every 
vill,  and  the  reeve,  together  with  the  four  lawful  men  of  the 
vill,  whether  freemen  or  villeins,  as  also  two  lawful  knights 
of  the  hundred,  who  made  oath  that  they  would  faithfully 
and  without  fraud  declare  what  was  the  amount  of  carucates 
in  each  vill  that  were  in  tillage ;  namely,  how  many  were 
held  in  demesne,  how  many  in  villanage,  how  many  in  al- 
moign  bestowed  on  religious  orders,  which  the  givers  thereof 
were  bound  to  make  warranty  of,  or  to  pay  for,  or  for  which 
the  said  religious  were  bound  to  do  service ;  and  upon  each 
carucate  in  tillage,  by  the  king's  commands,  they  first  levied 
two  shillings  and  then  three  shillings;  all  of  which  was  re- 
duced to  writing.  Of  all  this  the  clerk  had  one  register,  the 
knight  another,  the  sheriff  a  third,  and  the  seneschals  of  the 
barons  a  fourth  register  as  to  the  land  of  their  lords. 

This  money  was  received  by  the  hands  of  two  lawful 
knights  of  each  hundred,  and  by  the  hands  of  the  bailiff  of 
the  hundred,  and  they  were  answerable  for  the  same  to  the 
sheriff,  and  the  sheriff  answerable  for  the  same  accord- 
ing to  the  before-mentioned  registers  to  the  exchequer,  in 
presence  of  the  bishops,  abbats,  and  barons  appointed  for 
the  purpose. 

Also,  for  the  punishment  of  the  jurors  who,  contrary  to 
their  oath,  should  be  guilty  of  concealing  anything  in  the 
said  matters,  it  was  enacted  that  whatever  villein  should  be 
convicted  of  perjury  he  should  forfeit  to  his  lord  the  best 
ox  of  his  plough,  and  should,  out  of  his  own  property,  be 
answerable  for  as  much  money  for  the  use  of  our  lord  the 
king  as  should  be  proved  to  have  remained  concealed  by 
means  of  his  perjury;  but  if  a  free  man  should  be  convicted, 
he  was  to  be  amerced  by  the  king,  and  was  to  refund  as  well 
out  of  his  own  property  as  much  as  had  been  concealed  by 
him,  in  the  same  manner  as  the  villein. 

It  was  also  enacted,  that  every  baron  should,  with  the  aid 
of  the  sheriff,  make  levies  upon  his  tenants;  and  if,  by 
default  of  the  baron,  such  levies  should  not  be  made,  then 
there  was  to  be  taken  from  the  demesne  of  the  baron  what 
should  remain  payable  by  his  tenants,  and  the  baron  was 
to  take  the  same  from  his  tenants.  Frank-fees  of  parish 


THE  EARLY  ANGEVINS  151 

churches  were  exempted  from  the  said  tallage;  and  all 
escheats  of  barons  which  were  held  in  the  hands  of  our  lord 
the  king  contributed  thereto.  But  serjeanties  of  our  lord 
the  king,  which  were  not  attached  to  knights'  fees,  were 
excepted,  although  they  were  placed  on  the  register,  as  also 
the  number  of  the  carucates  of  land,  the  values  of  their  lands, 
and  the  names  of  those  holding  by  serjeanty;  and  all  those 
so  holding,  were  summoned  to  be  at  London  on  the  octave 
at  the  end  of  Easter,  to  hear  and  perform  the  king's  com- 
mands. 

The  persons  who  were  chosen  for  that  purpose,  and  ap- 
pointed by  our  lord  the  king,  according  to  the  estimation  of 
lawful  men,  set  down  a  hundred  acres  of  land  for  each 
carucate  of  land  in  cultivation. 

(Annals  of  Roger  de  Hovedenfor  1198,  ed.  cited.     II,  420  J 


PART  IV 

FROM  THE  CHARTER  TO  THE 

REFORMATION 

(1215-1529) 


153 


CHAPTER   IX 

THE   PAPAL   AUTHORITY   TRIUMPHANT 


66.   The  Struggle  between  John  and  Innocent  III. 

Roger  of  Wendover 

ROGER  OF  WENDOVER  (d.  1237)  left  a  work  known  as  The 
Flowers  of  History  (formerly  attributed  to  Matthew  Paris).  It 
is  the  chief  contemporary  source  for  the  reign  of  King  John. 
The  stormy  rule  of  that  king  was  full  of  struggles  between  the 
Throne  and  the  Church,  and  the  Throne  and  the  Baronage.  The 
first  chain  of  events  grew  out  of  the  tripartite  struggle  between 
the  cathedral  chapter  of  Canterbury,  the  king,  and  the  pope,  to 
seat  their  respective  candidates  in  the  archbishopric  of  Canter- 
bury, in  place  of  Hubert  Walter,  deceased.  The  pope  was  able 
to  control  the  clergy,  but  the  king  refused  to  admit  the  right  of 
Rome  to  appoint  to  the  vacant  see. 


THE    KING    OF    ENGLAND    ADMONISHED    BY    OUR    LORD    THE    POPE 

In  the  same  year  pope  Innocent,  on  learning  that  king 
John's  heart  was  so  hardened,  that  he  would  not  either  by 
persuasion  or  threats  be  induced  to  acquiesce  in  receiving 
Stephen  as  archbishop  of  Canterbury,  was  touched  to  the 
heart  with  grief,  and,  by  advice  of  his  cardinals,  sent  orders 
to  William  bishop  of  London,  Eustace  bishop  of  Ely,  and 
Manger  bishop  of  Winchester,  to  go  to  the  said  king,  about 
the  matter  of  the  church  of  Canterbury,  and  to  give  him 
wholesome  counsel  to  yield  to  God  in  this  matter,  and  so 
secure  the  Lord's  favour ;  but  if  they  found  him  contumacious 
and  rebellious  as  he  had  hitherto  been,  he  ordered  them  to 
lay  an  interdict  on  the  whole  kingdom  of  England,  and  to 
denounce  to  the  said  king  that,  if  he  did  not  check  his  bold- 
ness by  that  means,  he,  the  pope,  would  lay  his  hand  on  him 
still  more  heavily ;  since  it  was  necessary  for  him  to  conquer, 
who  for  the  safety  of  the  holy  church  had  made  war  on  the 
devil  and  his  angels,  and  despoiled  the  cloisters  of  hell.  He 
also,  by  letters  of  the  apostolic  see,  gave  orders  to  the 

'55 


156  SOURCE-BOOK  OF  ENGLISH  HISTORY 

suffragan  bishops  of  the  church  of  Canterbury,  and  to  the 
other  prelates  of  that  diocese,  that,  by  virtue  of  their  obedi- 
ence, they  were  to  receive  the  aforesaid  archbishop  as  their 
father  and  pastor,  and  were  to  obey  him  with  all  due  affec- 
tion. 

67.   England  under  the  Interdict 

A.  1208.  The  bishops  of  London,  Ely,  and  Winchester, 
in  execution  of  the  legateship  entrusted  to  them,  went  to  king 
John,  and  after  duly  setting  forth  the  apostolic  commands, 
entreated  of  him  humbly  and  with  tears,  that  he,  having  God 
in  his  sight,  would  recall  the  archbishop  and  the  monks  of 
Canterbury  to  their  church,  and  honour  and  love  them  with 
perfect  affection ;  and  they  informed  him  that  thus  he  would 
avoid  the  shame  of  an  interdict,  and  the  Disposer  of  rewards 
would,  if  he  did  so,  multiply  his  temporal  honours  on  him, 
and  after  his  death  would  bestow  lasting  glory  on  him. 
When  the  said  bishops  wished,  out  of  regard  to  the  king,  to 
prolong  the  discourse,  the  king  became  nearly  mad  with  rage, 
and  broke  forth  in  words  of  blasphemy  against  the  pope  and 
his  cardinals,  swearing  by  God's  teeth,  that,  if  they  or  any 
other  priests  soever  presumptuously  dared  to  lay  his  domi- 
nions under  an  interdict,  he  would  immediately  send  all  the 
prelates  of  England,  clerks  as  well  as  ordained  persons,  to 
the  pope,  and  confiscate  all  their  property ;  he  added  more- 
over, that  all  the  clerks  of  Rome  or  of  the  pope  himself  who 
could  be  found  in  England  or  in  his  other  territories,  he 
would  send  to  Rome  with  their  eyes  plucked  out,  and  their 
noses  slit,  that  by  these  marks  they  might  be  known  there 
from  other  people;  in  addition  to  this  he  plainly  ordered  the 
bishops  to  take  themselves  quickly  from  his  sight,  if  they 
wished  to  keep  their  bodies  free  from  harm.  The  bishops 
then,  not  finding  any  repentance  in  the  king,  departed,  and, 
in  the  Lent  following,  fearlessly  fulfilled  the  duty  required  of 
them  by  the  pope,  and  accordingly  on  the  morning  of  Monday 
in  Passion  week,  which  that  year  fell  on  the  23rd  of  March, 
they  laid  a  general  interdict  on  the  whole  of  England;  which, 
since  it  was  expressed  to  be  by  authority  of  our  lord  the 
pope,  was  inviolably  observed  by  all  without  regard  of  person 
or  privileges.  Therefore  all  church  services  ceased  to  be 
performed  in  England,  with  the  exception  only  of  confession, 
and  the  viaticum  in  cases  of  extremity,  and  the  baptism  of 
children;  the  bodies  of  the  dead  too  were  carried  out  of  cities 


THE  PAPAL  AUTHORITY  TRIUMPHANT          157 

and  towns,  and  buried  in  roads  and  ditches  without  prayers 
or  the  attendance  of  priests.     What  need  I  say  more? 

68.   John  excommunicated  by  Name 

A.  1209.  King  John  had  now  for  nearly  two  years,  as  has 
been  said  before,  unceasingly  continued  throughout  England, 
on  account  of  the  interdict,  a  most  severe  persecution  against 
the  clergy  as  well  as  some  of  the  laity,  and  had  entirely  de- 
stroyed all  kind  of  hope  in  every  one  of  any  improvement  or 
satisfaction,  and  pope  Innocent  could  no  longer  put  off  the 
punishment  of  his  rebellion;  wherefore,  by  the  advice  of  his 
cardinals,  he,  in  order  to  cut  up  by  the  root  such  an  insult 
to  the  church,  gave  orders  to  the  bishops  of  London,  Ely, 
and  Winchester,  to  declare  the  said  king  excommunicated  by 
name,  and  solemnly  to  publish  this  sentence  every  Sunday 
and  feast  day  in  all  the  conventual  churches  throughout 
England,  that  thus  the  king  might  be  more  strictly  shunned 
by  every  one.  But  after  the  aforesaid  bishops  had,  by  the 
apostolic  authority,  entrusted  the  publication  of  this  sentence 
to  their  fellow  bishops  who  had  remained  in  England,  and  to 
the  other  prelates  of  the  church,  they  all,  through  fear  of  or 
regard  for  the  king,  became  like  dumb  dogs  not  daring  to 
bark,  wherefore  they  put  off  fulfilling  the  duty  enjoined  on 
them  by  the  apostolic  mandate,  and  failed  to  proceed  accord- 
ing to  the  usual  course  of  justice.  Nevertheless  in  a  short 
time  the  decree  became  known  to  all  in  the  roads  and  streets, 
and  even  in  the  places  of  assembly  of  the  people  it  afforded  a 
subject  of  secret  conversation  to  all;  amongst  others,  as 
Geoffrey  archdeacon  of  Norwich  was  one  day  sitting  in  the 
Exchequer  at  Westminster,  attending  to  the  king's  business, 
he  began  to  talk  privately  with  his  companions  who  sat  with 
him,  of  the  decree  which  was  sent  forth  against  the  king; 
and  said  that  it  was  not  safe  for  beneficed  persons  to  remain 
any  longer  in  their  allegiance  to  an  excommunicated  king; 
after  saying  which,  he  went  to  his  own  house  without  asking 
the  king's  permission.  This  event  coming  soon  after  to  the 
knowledge  of  the  king,  he  was  not  a  little  annoyed,  and 
sent  William  Talbot  a  knight,  with  some  soldiers,  to  seize 
the  archdeacon,  and  they,  after  he  was  taken,  bound  him  in 
chains  and  threw  him  into  prison ;  after  he  had  been  there 
a  few  days,  by  command  of  the  said  king  a  cap  of  lead  was 
put  on  him,  and  at  length,  being  overcome  by  want  of  food 
as  well  as  by  the  weight  of  the  leaden  cap,  he  departed  to 
the  Lord, 


158  SOURCE-BOOK  OF  ENGLISH  HISTORY 

69.   The  Pope  deposes  the  King 

A.  1212.  About  this  time  Stephen  archbishop  of  Canter- 
bury, and  the  bishops  William  of  London,  and  Eustace  of 
Ely,  went  to  Rome  and  informed  the  pope  of  the  divers  rebel- 
lions and  enormities  perpetrated  by  the  king  of  England  from 
the  time  of  the  interdict  up  to  the  present  time,  by  un- 
ceasingly laying  the  hands  of  rage  and  cruelty  on  the  holy 
church  in  opposition  to  the  Lord;  and  they  therefore  humbly 
supplicated  the  pope  in  his  pious  compassion  to  assist  the 
church  of  England,  now  labouring  as  it  were  in  its  last  ex- 
tremities. The  pope  then  being  deeply  grieved  for  the  deso- 
lation of  the  kingdom  of  England,  by  the  advice  of  his  cardi- 
nals, bishops,  and  other  wise  men,  definitively  decreed  that 
John  king  of  England  should  be  deposed  from  the  throne  of 
that  kingdom,  and  that  another,  more  worthy  than  he,  to  be 
chosen  by  the  pope,  should  succeed  him.  In  pursuance  of  this 
his  decree,  our  lord  the  pope  wrote  to  the  most  potent  Philip, 
king  of  the  French,  ordering  him,  in  remission  of  all  his 
faults,  to  undertake  this  business,  and  declaring  that,  after 
he  had  expelled  the  English  king  from  the  throne  of  that 
kingdom,  he  and  his  successors  should  hold  possession  of  the 
kingdom  of  England  for  ever.  Besides  this,  he  wrote  to  all 
the  nobles,  knights,  and  other  warlike  men  throughout  the 
different  countries,  ordering  them  to  assume  the  sign  of  the 
cross,  and  to  follow  the  king  of  the  French  as  their  leader,  to 
dethrone  the  English  king,  and  thus  to  revenge  the  insult 
which  had  been  cast  on  the  universal  church :  he  also  ordered 
that  all  those  who  afforded  money  or  personal  assistance 
in  overthrowing  that  contumacious  king,  should,  like  those 
who  went  to  visit  the  Lord's  sepulchre,  remain  secure  under 
the  protection  of  the  church,  as  regarded  their  property, 
persons,  and  spiritual  interests.  After  this  the  pope,  on  his 
part,  sent  Pandulph,  a  sub-deacon,  with  the  archbishop  and 
bishops  above-named,  into  the  French  provinces,  that  in  his 
own  presence  all  his  commands  above  related  might  be  ful- 
filled ;  Pandulph,  however,  on  leaving  the  pope  when  all 
others  were  away  from  him,  secretly  inquired  of  his  holiness 
what  it  was  his  pleasure  should  be  done,  if  by  chance  he 
should  find  any  of  the  fruits  of  repentance  in  John,  so  that 
he  would  give  satisfaction  to  the  Lord  and  the  church  of 
Rome  for  all  matters  in  regard  of  this  business.  The  pope 
then  dictated  a  simple  form  of  peace,  and  said  that  if  John 
determined  to  agree  to  it,  he  might  find  favour  with  the 
apostolic  see. 


THE  PAPAL  AUTHORITY  TRIUMPHANT         159 
70.   The  Papal  Legate  in  England 

A.  1213.  Whilst  the  English  king  was  with  his  army 
waiting  the  approach  of  the  king  of  the  French  near  the  sea- 
coast,  two  of  the  brothers  of  the  Temple  arrived  at  Dover, 
and  coming  to  the  king  in  a  friendly  manner  said  to  him : 
"We  have  been  sent  to  you,  most  potent  king,  for  the  benefit 
of  yourself  and  your  kingdom,  by  Pandulph  the  sub-deacon 
and  familiar  of  our  lord  the  pope,  who  desires  to  have  an 
interview  with  you;  and  he  will  propose  to  you  a  form  of 
peace,  by  which  you  can  be  reconciled  to  God  and  to  the 
church,  although  you  have  by  the  court  of  Rome  been  deposed 
from  your  right  to  the  sovereignty  of  England,  and  been 
condemned  by  decree  of  that  court."  The  king  then,  on  hear- 
ing the  speech  of  the  Templars,  ordered  them  immediately 
to  cross  the  sea  and  fetch  Pandulph  to  him.  Pandulph  there- 
fore, on  this  invitation  of  the  king  came  to  him  at  Dover,  and 
spoke  to  him  in  these  words:  "Behold,  the  most  potent  king 
of  the  French  is  at  the  mouth  of  the  Seine  with  a  countless 
fleet,  and  a  large  army  of  horse  and  foot,  waiting  till  he  is 
strengthened  with  a  larger  force,  to  come  upon  you  and  your 
kingdom,  and  to  expel  you  from  it  by  force,  as  an  enemy 
to  the  Lord  and  the  supreme  pontiff,  and  afterwards,  by 
authority  of  the  apostolic  see  to  take  possession  of  the  king- 
dom of  England  for  ever.  There  are  also  coming  with  him  all 
the  bishops  who  have  for  a  long  while  been  banished  from 
England,  with  the  exiled  clergy  and  laity,  by  his  assistance, 
to  recover  by  force  their  episcopal  sees  and  other  property, 
and  to  fulfil  to  him  for  the  future  the  obedience  formerly 
shown  to  you  and  your  ancestors.  The  said  king  moreover 
says  that  he  holds  papers  of  fealty  and  subjection  from  al- 
most all  the  nobles  of  England,  on  which  account  he  feels 
secure  of  bringing  the  business  he  has  undertaken  to  a  most 
successful  termination.  Consult  therefore  your  own  ad- 
vantage, and  become  penitent  as  if  you  were  in  your  last 
moments,  and  delay  not  to  appease  that  God  whom  you  have 
provoked  to  a  heavy  vengeance.  If  you  are  willing  to  give 
sufficient  security  that  you  will  submit  to  the  judgment  of 
the  church,  and  to  humble  yourself  before  Him  who  humbled 
himself  for  you,  you  may,  through  the  compassion  of  the 
apostolic  see,  recover  the  sovereignty,  from  which  you  have 
been  abjudicated  at  Rome  on  account  of  your  contumacy. 
Now  therefore  reflect,  lest  your  enemies  shall  have  cause  to 
rejoice  over  you,  and  bring  not  yourself  into  difficulties, 


160  SOURCE-BOOK  OF  ENGLISH  HISTORY 

from  which,  however  you  may  wish  to  do  so,  you  will  not  be 
able  to  extricate  yourself." 

71.   The  Repentance  of  the  King 

[A.D.  1213.]  King  John,  hearing  and  seeing  the  truth  of  all 
this,  was  much  annoyed  and  alarmed,  seeing  how  imminent 
the  danger  was  on  every  side.  There  were  four  principal 
reasons,  which  urged  him  to  repentance  and  atonement;  the 
first  was  that  he  had  been  now  for  five  years  lying  under 
excommunication,  and  had  so  offended  God  and  the  holy 
church,  that  he  gave  up  all  hopes  of  saving  his  soul ;  the 
second  was,  that  he  dreaded  the  arrival  of  the  French  king, 
who  was  waiting  near  the  sea-coast  with  a  countless  army, 
and  planning  his  downfall ;  the  third  was,  he  feared,  should 
he  give  battle  to  his  approaching  enemies,  lest  he  should  be 
abandoned  to  himself  in  the  field  by  the  nobles  of  England 
and  his  own  people,  or  be  given  up  to  his  enemies  for  destruc- 
tion ;  but  his  fourth  reason  alarmed  him  more  than  all  the 
rest,  for  the  day  of  our  Lord's  ascension  was  drawing  near, 
when  he  feared  that,  according  to  the  prophecy  of  Peter  the 
hermit  mentioned  above,  he  should  with  his  life  lose  the  tem- 
poral as  well  as  the  eternal  kingdom.  Being  therefore  driven 
to  despair  by  these  and  the  like  reasons  he  yielded  to  the 
persuasions  of  Pandulph,  and,  although  not  without  pain,  he 
granted  the  underwritten  form  of  peace;  he  also  swore  by 
the  holy  gospels  in  the  presence  of  Pandulph,  that  he  would 
be  obedient  to  the  church's  sentence,  and  sixteen  of  the  most 
powerful  nobles  of  the  kingdom  swore  on  the  soul  of  the 
king  himself,  that,  should  he  repent  of  his  promise,  they 
would,  to  the  utmost  of  their  power,  compel  him  to  fulfil  it. 

72.  John  resigns  Crown  and  Kingdom  to  the  Pope 

[A.D.  1213.]  Matters  having  been  thus  arranged  on  the  fif- 
teenth of  May,  which  was  the  eve  of  Ascension-day,  the  Eng- 
lish king  and  Pandulph,  with  the  nobles  of  the  kingdom,  met 
at  the  house  of  the  Knights  Templars  near  Dover,  and  there 
the  said  king,  according  to  a  decree  pronounced  at  Rome, 
resigned  his  crown  with  the  kingdoms  of  England  and  Ire- 
land into  the  hands  of  our  lord  the  pope,  whose  functions  the 
said  Pandulph  was  then  performing.  After  having  resigned 
them  then  he  gave  the  aforesaid  kingdoms  to  the  pope  and 
his  successors,  and  confirmed  them  to  the  latter  by  the 
underwritten  charter: — 


THE  PAPAL  AUTHORITY  TRIUMPHANT         161 

"John,  by  the  grace  of  God,  king  of  England,  &c.  to  all  the 
faithful  servants  of  Christ  who  shall  behold  this  charter, 
health  in  the  Lord.  —  We  wish  it,  by  this  our  charter  signed 
with  our  seal,  to  be  known  to  you,  that  we,  having  in  many 
things  offended  God  and  our  mother  the  holy  church,  and 
being  in  great  need  of  the  divine  mercy  for  our  sins,  and  not 
having  wherewithal  to  make  a  worthy  offering  as  an  atone 
ment  to  God,  and  to  pay  the  just  demands  of  the  church,  un- 
less we  humiliate  ourselves  before  Him  who  humiliated 
himself  for  us  even  to  death ;  we,  impelled  by  the  inspiration 
of  the  Holy  Spirit,  and  not  by  force  or  from  fear  of  the 
interdict,  but  of  our  own  free  will  and  consent,  and  by  the 
general  advice  of  our  barons,  assign  and  grant  to  God,  and 
his  holy  apostles  Peter  and  Paul,  and  to  the  holy  church  of 
Rome  our  mother,  and  to  our  lord  pope  Innocent  and  his 
catholic  successors,  the  whole  kingdom  of  England  and  the 
whole  kingdom  of  Ireland,  with  all  their  rights  and  ap- 
purtenances, in  remission  of  the  sins  of  us  and  our  whole 
race,  as  well  for  those  living  as  for  the  dead ;  and  hence- 
forth we  retain  and  hold  those  countries  from  him  and  the 
church  of  Rome  as  vicegerent,  and  this  we  declare  in  the 
presence  of  this  learned  man  Pandulph,  subdeacon  and 
familiar  of  our  lord  the  pope.  And  we  have  made  our  hom- 
age and  sworn  allegance  to  our  lord  the  pope  and  his  catholic 
successors,  and  the  church  of  Rome  in  manner  hereunder 
written ;  and  we  will  make  our  homage  and  allegiance  for  the 
same  in  presence  of  our  lord  the  pope  himself,  if  we  are  able 
to  go  before  him ;  and  we  bind  our  successors  and  heirs  by 
our  wife  for  ever,  in  like  manner,  to  do  homage  and  render 
allegiance,  without  opposition,  to  the  supreme  pontiff  for  the 
time  being,  and  the  church  of  Rome.  And  in  token  of  this 
lasting  bond  and  grant,  we  will  and  determine  that,  from  our 
own  income  and  from  our  special  revenues  arising  from  the 
aforesaid  kingdoms,  the  church  of  Rome  shall,  for  all  service 
and  custom  which  we  owe  to  them,  saving  always  the  St. 
Peter's  pence,  receive  annually  a  thousand  marks  sterling 
money;  that  is  to  say,  five  hundred  marks  at  Michaelmas, 
and  five  hundred  at  Easter ;  that  is,  seven  hundred  for  the 
kingdom  of  England,  and  three  hundred  for  Ireland;  saving 
to  us  and  our  heirs  all  our  rights,  privileges,  and  royal  cus- 
toms. And  as  we  wish  to  ratify  and  confirm  all  that  has 
been  above  written,  we  bind  ourselves  and  our  successors 
not  to  contravene  it ;  and  if  we,  or  any  one  of  our  successors, 
shall  dare  to  oppose  this,  let  him,  whoever  he  be,  be  deprived 


1 62  SOURCE-BOOK  OF  ENGLISH  HISTORY 

of  his  right  in  the  kingdom.  And  let  this  charter  of  our 
bond  and  grant  remain  confirmed  for  ever.  Witness  myself 
at  the  house  of  the  knights  of  the  Temple  near  Dover,  in  the 
presence  of  Henry  archbishop  of  Dublin,  John  bishop  of  Nor- 
wich, Geoffrey  Fitz-Peter, William  earl  of  Salisbury,  William 
earl  of  Pembroke,  Reginald  count  of  Boulogne,  William  earl 
Warenne,  Sayer  earl  Winton,  William  earl  of  Arundel, 
William  earl  of  Ferrars,  William  Briuere,  Peter  Fitz-Here- 
bert,  and  Warin  Fitz-Gerald,  this  fifteenth  day  of  May,  in 
the  fourteenth  year  of  our  reign." 

73.   John  does  Homage  to  the  Pope 

[A. 0.1213.]  This  charter  of  the  king's,  as  above-mentioned, 
having  been  reduced  to  writing,  he  delivered  it  to  Pandulph 
to  be  taken  to  pope  Innocent,  and  immediately  afterwards  in 
the  sight  of  all,  he  made  the  underwritten  homage:  "I,  John, 
by  the  grace  of  God,  king  of  England  and  lord  of  Ireland, 
will,  from  this  time  as  formerly,  be  faithful  to  God,  St.  Peter, 
the  church  of  Rome,  and  to  my  liege  lord  pope  Innocent  and 
his  catholic  successors;  I  will  not  act,  speak,  consent  to,  or 
advise,  anything  by  which  they  may  lose  life  or  limb,  or  be 
exposed  to  caption  by  treachery;  I  will  prevent  damage  to 
them  if  I  am  aware  of  it;  and,  if  in  my  power,  will  repair  it; 
or  else  I  will  inform  them  as  soon  as  in  my  power  so  to  do, 
or  will  tell  it  to  such  a  person  as  I  believe  will  be  sure  to  in- 
form them  of  it;  any  purpose  which  they  may  entrust  to  me 
themselves,  or  by  their  messengers  or  letters,  I  will  keep 
secret,  and,  if  I  know  of  it,  will  not  disclose  it  to  any  one  to 
their  injury;  I  will  assist  in  holding  and  defending  the  in- 
heritance of  St.  Peter,  and  particularly  the  kingdoms  of  Eng- 
land and  Ireland,  against  all  men,  to  the  utmost  of  my  power. 
So  may  God  and  the  holy  gospel  help  me,  Amen."  • — 

[A.D.  1214.]  By  the  advice  of  Pandulph.  . . .  Stephen  arch- 
bishop of  Canterbury,  and  the  bishops  William  of  London, 
Eustace  of  Ely,  Hubert  of  Lincoln,  and  Giles  of  Hereford, 
embarked  in  company  with  others  of  the  clergy  and  laity  who 
were  in  exile  on  account  of  the  interdict,  and,  landing  at 
Dover  on  the  i6th  of  July,  they  set  out  to  see  the  king,  and 
came  to  him  at  Winchester  on  St.  Margaret  the  virgin's  day. 
The  king,  when  he  heard  of  their  approach,  went  out  to  meet 
them,  and  when  he  saw  the  archbishop  and  bishops,  he  pros- 
trated himself  at  their  feet,  and  besought  them  in  tears  to 


THE  PAPAL  AUTHORITY  TRIUMPHANT         163 

have  compassion  on  him  and  the  kingdom  of  England.  The 
said  archbishop  and  bishops,  seeing  the  king's  great  humility, 
raised  him  from  the  ground,  and  taking  him  by  the  hand  on 
each  side,  they  led  him  to  the  door  of  the  cathedral  church, 
where  they  chanted  the  fiftieth  psalm,  and,  in  the  presence 
of  all  the  nobles,  who  wept  with  joy,  they  absolved  him 
according  to  the  custom  of  the  church.  At  this  absolution, 
the  king  swore  on  the  holy  gospels  that  he  would  love  holy 
church  and  its  ordained  members,  and  would,  to  the  utmost 
of  his  power,  defend  and  maintain  them  against  all  their 
enemies;  and  that  he  would  renew  all  the  good  laws  of  his 
ancestors,  especially  those  of  king  Edward,  would  annul  bad 
ones,  would  judge  his  subjects  according  to  the  just  decrees 
of  his  courts,  and  would  restore  his  rights  to  each  and  all. 
He  also  swore  that,  before  the  next  Easter,  he  would  make 
restitution  of  confiscated  property  to  all  who  were  concerned 
in  the  matter  of  the  interdict;  and  if  he  did  not  do  so,  he 
would  consent  to  have  the  former  sentence  of  excommunica- 
tion renewed.  He  moreover  swore  fealty  and  obedience  to 
pope  Innocent  and  his  catholic  successors,  as  was  contained 
in  the  above-written  charter:  the  archbishop  then  took  the 
king  into  the  church,  and  there  performed  mass,  after  which 
the  archbishop,  bishops,  and  nobles,  feasted  at  the  same  table 
with  the  king,  amidst  joy  and  festivity.  The  next  day  the 
king  sent  letters  to  all  the  sheriffs  of  the  kingdom,  ordering 
them  to  send  four  liege  men  from  each  town  in  their  demesne, 
together  with  the  warden,  to  St.  Alban's  on  the  4th  of  August, 
that  through  them  and  his  other  agents  he  might  make  in- 
quiries about  the  losses  and  confiscated  property  of  each  of 
the  bishops,  and  how  much  was  due  to  each.  He  then  set  out 
in  all  haste  to  Portsmouth,  that  he  might  thence  cross  to 
Poictou,  and  gave  charge  of  the  kingdom  to  Geoffrey  Fitz- 
Peter  and  the  bishop  of  Winchester,  with  orders  that  they 
were  to  consult  with  the  archbishop  of  Canterbury  in  ar- 
ranging the  business  of  the  kingdom.  On  the  king's  arrival 
at  Portsmouth,  there  came  to  him  there  an  immense  number 
of  knights,  complaining  that,  during  their  long  stay  there 
they  had  spent  all  their  money,  and  that  therefore  unless  they 
were  supplied  with  money  from  the  treasury,  they  could  not 
follow  him.  This  the  king  refused,  but,  flying  into  a  rage, 
he  embarked  with  his  private  attendants,  and  after  three  days 
landed  at  Guernsey,  whilst  his  nobles  returned  home ;  and 
the  king,  seeing  himself  thus  abandoned,  was  compelled  to 
return  to  England  himself. 


164  SOURCE-BOOK  OF  ENGLISH  HISTORY 

74.   Declaration  of  Laws  and  Rights 

[A.D.  1214.]  Whilst  this  was  passing,  Geoffrey  Fitz-Peter 
and  the  bishop  of  Winchester  held  a  council  at  St.  Alban's 
with  the  archbishop,  bishops,  and  nobles  of  the  kingdom,  at 
which  the  peace  made  by  the  king  was  told  to  all,  and,  on 
behalf  of  the  said  king,  it  was  strictly  ordered,  that  all  the 
laws  of  his  grandfather  king  Henry  should  be  kept  by  all 
throughout  the  kingdom,  and  that  all  unjust  laws  should  be 
utterly  abolished. 

(Roger  of  Wendover's  Flmvers  of  History.    Trans.  J.  A.  Giles,  Lond.  1849 
II,  for  years  given.) 


CHAPTER   X 

THE   WINNING   OF  THE   CHARTER 


75.  The  Rising  of  the  Barons 

Roger  of  Wendover 

The  sequence  of  events  leading  to  the  grant  of  the  Charter  by 
John  not  only  throws  light  upon  the  character  of  that  monarch, 
but  gives  a  clear  view  of  the  political  conditions  in  the  early  part 
of  the  thirteenth  century. 

THE    REASON    OF    THE    IRRITATION    OF    THE    BARONS    AGAINST 
THE   KING 

[A.D.  1214.]  On  the  25th  of  August  in  the  same  year, 
Stephen  archbishop  of  Canterbury,  with  the  bishops,  abbats, 
priors,  deacons,  and  barons  of  the  kingdom  assembled  at  St. 

Paul's,  in  the  city  of  London At  this  conference,  as  report 

asserts,  the  said  archbishop  called  some  of  the  nobles  aside 
to  him,  and  conversed  privately  with  them  to  the  following 
effect,  "Did  you  hear,"  said  he,  "how,  when  I  absolved  the 
king  at  Winchester,  I  made  him  swear  that  he  would  do  away 
with  unjust  laws,  and  would  recall  good  laws,  such  as  those 
of  King  Edward,  and  cause  them  to  be  observed  by  all  in  the 
kingdom;  a  charter  of  Henry  the  first  king  of  England  has 
just  now  been  found,  by  which  you  may,  if  you  wish  it,  recall 
your  long-lost  rights  and  your  former  condition."  And 
placing  a  paper  in  the  midst  of  them,  he  ordered  it  to  be  read 
aloud  for  all  to  hear.  [It  was  the  charter  of  Henry  I.] 

76.  Of  a  Conference  held  by  the  Barons  against  King  John 

[A.D.  1214.]  About  this  time  the  earls  and  barons  of  Eng- 
land assembled  at  St.  Edmund's,  as  if  for  religious  duties, 
although  it  was  for  some  other  reason ;  for  after  they  had  dis- 
coursed together  secretly  for  a  time,  there  was  placed  before 
them  the  charter  of  king  Henry  the  First,  which  they  had 
received,  as  mentioned  before,  in  the  city  of  London  from 
Stephen  archbishop  of  Canterbury.  This  charter  contained 

165    " 


1 66  SOURCE-BOOK  OP  ENGLISH  HISTORY 

certain  liberties  and  laws  granted  to  the  holy  church  as  well 
as  to  the  nobles  of  the  kingdom,  besides  some  liberties  which 
the  king  added  of  his  own  accord.  All  therefore  assembled 
in  the  church  of  St.  Edmund,  the  king  and  martyr,  and,  com- 
mencing from  those  of  the  highest  rank,  they  all  swore  on 
the  great  altar  that,  if  the  king  refused  to  grant  these  liber- 
ties and  laws,  they  themselves  would  withdraw  from  their 
allegiance  to  him,  and  make  war  on  him,  till  he  should,  by  a 
charter  under  his  own  seal,  confirm  to  them  every  thing  they 
required ;  and  finally  it  was  unanimously  agreed  that,  after 
Christmas,  they  should  all  go  together  to  the  king  and  demand 
the  confirmation  of  the  aforesaid  liberties  to  them,  and  that 
they  should  in  the  meantime  provide  themselves  with  horses 
and  arms,  so  that  if  the  king  should  endeavour  to  depart  from 
his  oath,  they  might  by  taking  his  castles,  compel  him  to 
satisfy  their  demands;  and  having  arranged  this,  each  man 
returned  home. 

77.   Demands  of  the  Barons 

A.D.  1215 ;  which  was  the  seventeenth  year  of  the  reign  of 
king  John ;  he  held  his  court  at  Winchester  at  Christmas  for 
one  day,  after  which  he  hurried  to  London,  and  took  up  his 
abode  at  the  New  Temple ;  and  at  that  place  the  above- 
mentioned  nobles  came  to  him  in  gay  military  array,  and 
demanded  the  confirmation  of  the  liberties  and  laws  of  king 
Edward,  with  other  liberties  granted  to  them  and  to  the  king- 
dom and  church  of  England,  as  were  contained  in  the  charter, 
and  above-mentioned  laws  of  Henry  the  First ;  they  also 
asserted  that,  at  the  time  of  his  absolution  at  Winchester,  he 
had  promised  to  restore  those  laws  and  ancient  liberties,  and 
was  bound  by  his  own  oath  to  observe  them.  The  king,  hear- 
ing the  bold  tone  of  the  barons  in  making  this  demand,  much 
feared  an  attack  from  them,  as  he  saw  that  they  were  pre- 
pared for  battle ;  he  however  made  answer  that  their  demands 
were  a  matter  of  importance  and  difficulty,  and  he  therefore 
asked  a  truce  till  the  end  of  Easter,  that  he  might,  after  due 
deliberation,  be  able  to  satisfy  them  as  well  as  the  dignity  of 
his  crown.  After  much  discussion  on  both  sides,  the  king 
at  length,  although  unwillingly,  procured  the  archbishop  of 
Canterbury,  the  bishop  of  Ely,  and  William  Marshal,  as  his 
sureties,  that  on  the  day  pre-agreed  on  he  would,  in  all 
reason,  satisfy  them  all,  on  which  the  nobles  returned  to  their 
homes.  The  king  however,  wishing  to  take  precautions 


THE  WINNING  OF  THE  CHARTER  167 

against  the  future,  caused  all  the  nobles  throughout  England 
to  swear  fealty  to  him  alone  against  all  men,  and  to  renew 
their  homage  to  him ;  and,  the  better  to  take  care  of  himself, 
he,  on  the  day  of  St.  Mary's  purification,  assumed  the  cross 
of  our  Lord,  being  induced  to  this  more  by  fear  than  devo- 
tion . . . 

In  Easter  week  of  this  same  year,  the  above-mentioned 
nobles  assembled  at  Stamford,  with  horses  and  arms;  for 
they  had  now  induced  almost  all  the  nobility  of  the  whole 
kingdom  to  join  them,  and  constituted  a  very  large  army ;  for 
in  their  army  there  were  computed  to  be  two  thousand 
knights,  besides  horse  soldiers,  attendants,  and  foot  soldiers, 
who  were  variously  equipped ...  all  of  these  being  united  by 
oath,  were  supported  by  the  concurrence  of  Stephen  arch- 
bishop of  Canterbury,  who  was  at  their  head.  The  king  at 
this  time  was  awaiting  the  arrival  of  his  nobles  at  Oxford. 
On  the  Monday  next  after  the  octaves  of  Easter,  the  said 
barons  assembled  in  the  town  of  Brackley ;  and  when  the  king 
learned  this,  he  sent  the  archbishop  of  Canterbury,  and 
William  Marshal  earl  of  Pembroke,  with  some  other  prudent 
men,  to  them  to  inquire  what  the  laws  and  liberties  were 
which  they  demanded.  The  barons  then  delivered  to  the 
messengers  a  paper,  containing  in  great  measure  the  laws 
and  ancient  customs  of  the  kingdom,  and  declared  that,  un- 
less the  king  immediately  granted  them  and  confirmed  them 
under  his  own  seal,  they  would,  by  taking  possession  of  his 
fortresses,  force  him  to  give  them  sufficient  satisfaction  as 
to  their  before-named  demands.  The  archbishop  with  his 
fellow  messengers  then  carried  the  paper  to  the  king,  and 
read  to  him  the  heads  of  the  paper  one  by  one  throughout. 
The  king  when  he  heard  the  purport  of  these  heads,  derisively 
said,  with  the  greatest  indignation,  "Why,  amongst  these  un- 
just demands,  did  not  the  barons  ask  for  my  kingdom  also? 
Their  demands  are  vain  and  visionary,  and  are  unsupported 
by  any  plea  of  reason  whatever."  And  at  length  he  angrily 
declared  with  an  oath,  that  he  would  never  grant  them  such 
liberties  as  would  render  him  their  slave. . . . 

As  the  archbishop  and  William  Marshall  could  not  by  any 
persuasions  induce  the  king  to  agree  to  their  demands,  they 
returned  by  the  king's  order  to  the  barons,  and  duly  reported 
all  they  had  heard  from  the  king  to  them ;  and  when  the 
nobles  heard  what  John  said,  they  appointed  Robert  Fitz- 
Walter  commander  of  their  soldiers,  giving  him  the  title  of 
"Marshal  of  the  army  of  God  and  the  holy  church,"  and  then, 


168  SOURCE-BOOK  Ol:  ENGLISH  HISTORY 

one  and  all  flying  to  arms,  they  directed  their  forces  towards 
Northampton. 

78.    London  given  up  to  the  Barons 

[A.D.  1215.]  When  the  army  of  the  barons  arrived  at  Bed- 
ford, they  were  received  with  all  respect  by  William  de 
Beauchamp.  There  also  came  to  them  there  messengers  from 
the  city  of  London,  secretly  telling  them,  if  they  wished  to 
get  into  that  city,  to  come  there  immediately.  The  barons, 
inspirited  by  the  arrival  of  this  agreeable  message,  imme- 
diately moved  their  camp  and  arrived  at  Ware ;  after  this 
they  marched  the  whole  night,  and  arrived  early  in  the  morn- 
ing at  the  city  of  London,  and,  finding  the  gates  open,  they, 
on  the  24th  of  May,  which  was  the  Sunday  next  before  our 
Lord's  ascension,  entered  the  city  without  any  tumult  whilst 
the  inhabitants  were  performing  divine  service ;  for  the  rich 
citizens  were  favourable  to  the  barons,  and  the  poor  ones 
were  afraid  to  murmur  against  them.  The  barons  having 
thus  got  into  the  city,  placed  their  own  guards  in  charge  of 
each  of  the  gates,  and  then  arranged  all  matters  in  the  city 
at  will.  They  then  took  security  from  the  citizens,  and  sent 
letters  throughout  England  to  those  earls,  barons,  and 
knights,  who  appeared  to  be  still  faithful  to  the  king,  though 
they  only  pretended  to  be  so,  and  advised  them  with  threats, 
as  they  regarded  the  safety  of  all  their  property  and  pos- 
sessions, to  abandon  a  king  who  was  perjured  and  who 
warred  against  his  barons,  and  together  with  them  to  stand 
firm  and  fight  against  the  king  for  their  rights  and  for  peace; 
and  that,  if  they  refused  to  do  this,  they,  the  barons,  would 
make  war  against  them  all,  as  against  open  enemies,  and 
would  destroy  their  castles,  burn  their  houses  and  other  build- 
ings, and  destroy  their  warrens,  parks,  and  orchards.  . . .  The 
pleas  of  the  exchequer  and  of  the  sheriff's  courts_ceased 
throughout  England,  because  there  was  no  one  to  make  a 
valuation  for  the  king  or  to  obey  him  in  any  thing. 

79.    Meeting  at  Runnymede 

[A.D.  1215.]  King  John,  when  he  saw  that  he  was  deserted 
by  almost  all,  so  that  out  of  his  regal  superabundance  of  fol- 
lowers he  scarcely  retained  seven  knights,  was  much  alarmed 
lest  the  barons  would  attack  his  castles  and  reduce  them 
without  difficulty,  as  they  would  find  no  obstacle  to  their  so 
doing;  and  he  deceitfully  pretended  to  make  peace  for  a  time 


THE  WINNING  OF  THE  CHARTER  169 

with  the  aforesaid  barons,  and  sent  William  Marshal  earl  of 
Pembroke,  with  other  trustworthy  messengers,  to  them,  and 
told  them  that,  for  the  sake  of  peace,  and  for  the  exaltation 
and  honour  of  the  kingdom,  he  would  willingly  grant  them 
the  laws  and  liberties  they  required;  he  also  sent  word  to  the 
barons  by  these  same  messengers,  to  appoint  a  fitting  day 
and  place  to  meet  and  carry  all  these  matters  into  effect.  The 
king's  messengers  then  came  in  all  haste  to  London,  and  with- 
out deceit  reported  to  the  barons  all  that  had  been  deceitfully 
imposed  on  them;  they  in  their  great  joy  appointed  the  fif- 
teenth of  June  for  the  king  to  meet  them,  at  a  field  lying 
between  Staines  and  Windsor.  Accordingly,  at  the  time  and 
place  pre-agreed  on,  the  king  and  nobles  came  to  the  ap- 
pointed conference,  and  when  each  party  had  stationed  them- 
selves apart  from  the  other,  they  began  a  long  discussion 
about  terms  of  peace  and  the  aforesaid  liberties. ...  At 
length,  after  various  points  on  both  sides  had  been  discussed, 
king  John,  seeing  that  he  was  inferior  in  strength  to  the 
barons,  without  raising  any  difficulty,  granted  the  under- 
written laws  and  liberties,  and  confirmed  them  by  his  charter 
as  follows :  — 

(Roger  of  Wendover^tA.  cited,  vol.  II.) 

80.    The  Magna  Charta 
(17  JOHN,  June  15,  1215) 

Foremost  among  those  great  documents  which  illustrate  and 
establish  the  rights  of  Englishmen  stands  the  Magna  Charta. 
The  text  is  given  in  full,  for  the  document  should  be  studied  in 
its  entirety.  Every  paragraph  is  of  importance  to  the  student  — 
though  much  might  be  of  little  interest  to  the  casual  reader, — and 
in  a  source  book  none  of  it  can  properly  be  omitted.  The  events 
leading  up  to  the  charter  have  been  given  in  considerable  detail, 
not  only  because  of  the  importance  of  their  result,  but  also  for 
the  light  which  they  throw  upon  the  method  by  which  rights  were 
obtained  and  wrongs  righted.  The  value  of  illustrative  material 
does  not  lie  alone  in  the  words  thereof,  but  also  in  the  train  of 
thought  which  they  suggest. 

John,  by  the  grace  of  God,  King  of  England,  Lord  of  Ire- 
land, Duke  of  Normandy  and  Aquitaine,  Count  of  Anjou,  to 
the  archbishops,  bishops,  abbots,  earls,  barons,  justiciars,  for- 
esters, sheriffs,  reeves,  servants,  and  all  bailiffs  and  his  faith- 
ful people  greeting.  Know  that  by  the  suggestion  of  God 
and  for  the  good  of  our  soul  and  those  of  all  our  predeces- 
sors and  of  our  heirs,  to  the  honour  of  God  and  the  exalta- 
tion of  holy  church,  and  the  improvement  of  our  kingdom, 
by  the  advice  of  our  venerable  fathers  Stephen,  archbishop 


i?o  SOURCE-BOOK  OF  ENGLISH  HISTORY 

of  Canterbury,  primate  of  all  England  and  cardinal  of  the 
holy  Roman  church,  Henry,  archbishop  of  Dublin,  William 
of  London,  Peter  of  Winchester,  Jocelyn  of  Bath  and  Glas- 
tonbury,  Hugh  of  Lincoln,  Wralter  of  Worcester,  William  of 
Coventry,  and  Benedict  of  Rochester,  bishops ;  of  Master 
Pandulf,  subdeacon  and  companion  of  the  Lord  Pope,  of 
Brother  Aymeric,  master  of  the  Knights  of  the  Temple  in 
England;  and  of  the  noblemen  William  Marshall,  Earl  of 
Pembroke,  William,  Earl  of  Salisbury,  William,  Earl  of 
Warren,  William,  Earl  of  Arundel,  Alan  of  Galloway,  con- 
stable of  Scotland,  Warren  Fitz-Gerald,  Peter  Fitz-Herbert, 
Hubert  de  Burgh,  steward  of  Poitou,  Hugh  de  Nevil,  Mat- 
thew Fitz-Herbert,  Thomas  Bassett,  Alan  Bassett,  Philip 
d'Albini,  Robert  de  Roppelay,  John  Marshall,  John  Fitz- 
Hugh,  and  others  of  our  faithful. 

1.  In  the  first  place  we  have  granted  to  God,  and  by  this 
our  present  charter  confirmed,  for  us  and  our  heirs  forever, 
that  the  English  church  shall  be  free,  and  shall  hold  its  rights 
entire  and  its  liberties  uninjured ;  and  we  will  that  it  be  thus 
observed;  which  is  shown  by  this,  that  the  freedom  of  elec- 
tions, which  is  considered  to  be  most  important  and  especially 
necessary  to  the  English  church,  we,  of  our  pure  and  spon- 
taneous will,  granted,  and  by  our  charter  confirmed,  before 
the  contest  between  us  and  our  barons  had  arisen ;  and  ob- 
tained a  confirmation  of  it  by  the  lord  Pope  Innocent  III. ; 
which  we  will  observe  and  which  we  will  shall  be  observed 
in  good  faith  for  our  heirs  forever. 

We  have  granted  moreover  to  all  free  men  of  our  kingdom 
for  us  and  our  heirs  forever  all  the  liberties  written  below, 
to  be  had  and  holden  by  themselves  and  their  heirs  from  us 
and  our  heirs. 

2.  If  any  of  our  earls  or  barons,  or  others  holding  from  us 
in  chief  by  military  service  shall  have  died,  and  when  he  has 
died  his  heir  is  of  full  age  and  owe  relief,  he  shall  have  his 
inheritance  by  the  ancient  relief;  that  is  to  say,  the  heir  or 
heirs  of  an  earl  for  the  whole  barony  of  an  earl  a  hundred 
pounds;  the  heir  or  heirs  of  a  baron  for  a  whole  barony  a 
hundred  pounds;  the  heir  or  heirs  of  a  knight,  for  a  whole 
knight's  fee,  a  hundred  shillings  or  more;  and  who  owes  less 
let  him  give  less  according  to  the  ancient  custom  of  fiefs. 

3.  If  moreover  the  heir  of  any  one  of  such  shall  be  under 
age,  and  shall  be  in  wardship,  when  he  comes  of  age  he  shall 
have  his  inheritance  without  relief  and  without  a  fine. 

4.  The  custodian  of  the  land  of  such  a  minor  heir  shall  not 


THE  WINNING  OF  THE  CHARTER  i/i 

take  from  the  land  of  the  heir  any  except  reasonable  prod- 
ucts, reasonable  customary  payments,  and  reasonable  ser- 
vices, and  this  without  destruction  or  waste  of  men  or  of 
property ;  and  if  we  shall  have  committed  the  custody  of  the 
land  of  any  such  a  one  to  the  sheriff  or  to  any  other  who 
is  to  be  responsible  to  us  for  its  proceeds,  and  that  man 
has  caused  destruction  or  waste  from  his  custody  we  will 
recover  damages  from  him,  and  the  land  shall  be  committed 
to  two  legal  and  discreet  men  of  that  fief,  who  shall  be  re- 
sponsible for  its  proceeds  to  us  or  to  him  to  whom  we  have 
assigned  them ;  and  if  we  shall  have  given  or  sold  to  any  one 
the  custody  of  any  such  land,  and  he  has  caused  destruction 
or  waste  there,  he  shall  lose  that  custody,  and  it  shall  be 
handed  over  to  two  legal  and  discreet  men  of  that  fief  who 
shall  be  in  like  manner  responsible  to  us  as  is  said  above. 

5.  The  custodian  moreover,  so  long  as  he  shall  have  the 
custody  of  the  land,  must  keep  up  the  houses,  parks,  warrens, 
fish  ponds,  mills,  and  other  things  pertaining  to  the  land, 
from  the  proceeds  of  the  land  itself;  and  he  must  return  to 
the  heir,  when  he  has  come  to  full  age,  all  his  land,  furnished 
with  ploughs  and  implements  of  husbandry  according  as  the 
time  of  wainage  requires  and  as  the  proceeds  of  the  land  are 
able  reasonably  to  sustain. 

6.  Heirs  shall  be  married  without  disparagement,  so  never- 
theless that  before  the  marriage  is  contracted,  it  shall  be  an- 
nounced to  the  relatives  by  blood  of  the  heir  himself. 

7.  A  widow,  after  the  death  of  her  husband,  shall  have  her 
marriage  portion  and  her  inheritance  immediately  and  with- 
out obstruction,  nor  shall  she  give  anything  for  her  dowry  or 
for  her  marriage  portion,  or  for  her  inheritance  which  in- 
heritance her  husband  and  she  held  on  the  day  of  the  death 
of  her  husband ;  and  she  may  remain  in  the  house  of  her  hus- 
band for  forty  days  after  his  death,  within  which  time  her 
dowry  shall  be  assigned  to  her. 

8.  No  widow  shall  be  compelled  to  marry  so  long  as  she 
prefers  to  live  without  a  husband,  provided  she  gives  security 
that  she  will  not  marry  without  our  consent,  if  she  holds  from 
us,  or  without  the  consent  of  her  lord  from  whom  she  holds, 
if  she  holds  from  another. 

9.  Neither  we  nor  our  bailiffs  will  seize  any  land  or  rent, 
for  any  debt,  so  long  as  the  chattels  of  the  debtor  are  suffi- 
cient for  the  payment  of  the  debt;  nor  shall  the  pledges  of  a 
debtor  be  distrained  so  long  as  the  principal  debtor  himself 
has  enough  for  the  payment  of  the  debt;  and  if  the  principal 


ij2  SOURCE-BOOK  OF  ENGLISH  HISTORY 

debtor  fails  in  the  payment  of  the  debt,  not  having  the  where- 
withal to  pay  it,  the  pledges  shall  be  responsible  for  the  debt ; 
and  if  they  wish,  they  shall  have  the  lands  and  the  rents  of 
the  debtor  until  they  shall  have  been  satisfied  for  the  debt 
which  they  have  before  paid  for  him,  unless  the  principal 
debtor  shall  have  shown  himself  to  be  quit  in  that  respect 
towards  those  pledges. 

10.  If  any  one  has  taken  anything  from  the  Jews,  by  way 
of  a  loan,  more  or  less,  and  dies  before  that  debt  is  paid,  the 
debt  shall  not  draw  interest  so  long  as  the  heir  is  under  age, 
from  whomsoever  he  holds;  and  if  that  debt  falls  into  our 
hands,  we  will  take  nothing  except  the  chattel  contained  in 
the  agreement. 

11.  And  if  any  one  dies  leaving  a  debt  owing  to  the  Jews, 
his  wife  shall  have  her  dowry,  and  shall  pay  nothing  of  that 
debt;  and  if  there  remain  minor  children  of  the  dead  man, 
necessaries  shall  be  provided  for  them  corresponding  to  the 
holding  of  the  dead  man ;  and  from  the  remainder  shall  be 
paid  the  debt,  the  service  of  the  lords  being  retained.     In  the 
same  way  debts  are  to  be  treated  which  are  owed  to  others 
than  the  Jews. 

12.  No  scutage  or  aid  shall  be  imposed  in  our  kingdom  ex- 
cept by  the  common  council  of  our  kingdom,  except  for  the 
ransoming  of  our  body,  for  the  making  of  our  oldest  son  a 
knight,  and  for  once  marrying  our  oldest  daughter,  and  for 
these  purposes  it  shall  be  only  a  reasonable  aid ;  in  the  same 
way   it   shall   be   done   concerning   the   aids   of   the   city   of 
London. 

13.  And  the  city  of  London  shall  have  all  its  ancient  liber- 
ties and  free  customs,  as  well  by  land  as  by  water.     More- 
over, we  will  and  grant  that  all  other  cities  and  boroughs  and 
villages   and   ports   shall   have   all   their   liberties   and   free 
customs. 

14.  And   for  holding   a   common   council   of  the  kingdom 
concerning  the  assessment  of  an  aid  otherwise  than  in  the 
three  cases  mentioned  above,  or  concerning  the  assessment 
of  a  scutage,  we  shall  cause  to  be  summoned  the  archbishops, 
bishops,  abbots,  earls,  and  greater  barons  by  our  letters  under 
seal;  and  besides  we  shall  cause  to  be  summoned  generally, 
by  our  sheriffs  and  bailiffs,  all  those  who  hold  from  us  in 
chief,  for  a  certain  day,  that  is  at  the  end  of  forty  days  at 
least,  and  for  a  certain  place;  and  in  all  the  letters  of  that 
summons,  we  will  express  the  cause  of  the   summons,   and 
when  the  summons  has  thus  been  given  the  business  shall 


THE  WINNING  OF  THE  CHARTER  173 

proceed  on  the  appointed  day,  on  the  advice  of  those  who 
shall  be  present,  even  if  not  all  of  those  who  were  summoned 
have  come. 

15.  We  will  not  grant  to  any  one,  moreover,  that  he  should 
take  an  aid  from  his  free  men,  except  for  ransoming  his 
body,  for  making  his  oldest  son  a  knight,  and  for  once  marry- 
ing his  oldest  daughter;  and  for  these  purposes  only  a  reason- 
able aid  shall  be  taken. 

1 6.  No  one  shall  be  compelled  to  perform  any  greater  ser- 
vice for  a  knight's  fee,  or  for  any  other  free  tenement  than 
is  owed  from  it. 

17.  The  common  pleas  shall  not  follow  our  court,  but  shall 
be  held  in  some  certain  place. 

18.  The  assizes  of  novel  disseisin,  mart  d'ancestor,  and 
darrein  presentment  shall  be  held  only  in  their  own  coun- 
ties and  in  this  manner :  we,  or,  if  we  are  outside  of  the  king- 
dom, our  principal  justiciar,  will  send  two  justiciars  through 
each  county  four  times  a  year,  who  with  four  knights  of  each 
county,  elected  by  the  county,  shall  hold  in  the  county  and 
on  the  day  and  in  the  place  of  the  county  court,  the  aforesaid 
assizes  of  the  county. 

19.  And  if  the  aforesaid  assizes  cannot  be  held  within  the 
day  of  the  county  court,  a  sufficient  number  of  knights  and 
free-holders  shall  remain  from  those  who  were  present  at  the 
county  court  on  that  day  to.  give  the  judgments,  according  as 
the  business  is  more  or  less. 

20.  A  free  man  shall  not  be  fined  for  a  small  offence,  ex- 
cept in  proportion  to  the  measure  of  the  offense;  and  for  a 
great  offense  he  shall  be  fined  in  proportion  to  the  magni- 
tude of  the  offense,  saving  his  freehold;  and  a  merchant  in 
the  same  way,  saving  his  merchandise ;  and  the  villain  shall 
be  fined  in  the  same  way,  saving  his  wainage,  if  he  shall  be 
at  our  mercy;  and  none  of  the  above  fines  shall  be  imposed 
except  by  the  oaths  of  honest  men  of  the  neighbourhood. 

21.  Earls  and  barons  shall  only  be  fined  by  their  peers,  and 
only  in  proportion  to  their  offense. 

22.  A  clergyman  shall  be  fined,  like  those  before  men- 
tioned, only  in  proportion  to  his  lay  holding,  and  not  accord- 
ing to  the  extent  of  his  ecclesiastical  benefice. 

23.  No  manor  or  man  shall  be  compelled  to  make  bridges 
over  the  rivers  except  those  which  ought  to  do  it  of  old  and 
rightfully. 

24.  No  sheriff,  constable,  coroners,  or  other  bailiffs  of  ours 
shall  hold  pleas  of  our  crown. 


174  SOURCE-BOOK  OF  ENGLISH  HISTORY, 

25.  All  counties,  hundreds,  wapcntakes,  and  tithings  shall 
be  at  the  ancient  rents  and  without  any  increase,  excepting 
our  demesne  manors. 

26.  If  any  person  holding  a  lay  fief  from  us  shall  die,  and 
our   sheriff  or  bailiff   shall   show   our  letters-patent  of  our 
summons  concerning  a  debt  which  the  deceased  owed  to  us, 
it  shall  be  lawful  for  our  sheriff  or  bailiff  to  attach  and  levy 
on  the  chattels  of  the  deceased  found  on  his  lay  lief,  to  the 
value  of  that  debt,  in  the  view  of  legal  men,  so  nevertheless 
that  nothing  be  removed  thence  until  the  clear  debt  to  us 
shall  be  paid;  and  the  remainder  shall  be  left  to  the  executors 
for  the  fulfilment  of  the  will  of  the  deceased;  and  if  nothing 
is  owed  to  us  by  him,  all  the  chattels  shall  go  to  the  deceased, 
saving  to  his  wife  and  children  their  reasonable  shares. 

27.  If  any   free   man   dies   intestate,  his   chattels   shall  be 
distributed  by  the  hands  of  his  near  relatives  and  friends, 
under  the  oversight  of  the  church,  saving  to  each  one  the 
debts  which  the  deceased  owed  to  him. 

28.  No  constable  or  other  bailiff  of  ours  shall  take  any- 
one's  grain   or   other   chattels,   without   immediately   paying 
for  them  in  money,  unless  he  is  able  to  obtain  a  postponement 
at  the  good-will  of  the  seller. 

29.  No  constable  shall  require  any  knight  to  give  money 
in  place  of  his  ward  of  a  castle  if  he  is  willing  to  furnish  that 
ward  in  his  own  person  or  through  another  honest  man,  if 
he  himself  is  not  able  to  do  it  for  a  reasonable  cause;  and  if 
we  shall  lead  or  send  him  into  the  army  he  shall  be  free 
from  ward  in  proportion  to  the  amount  of  time  by  which  he 
has  been  in  the  army  through  us. 

30.  No  sheriff  or  bailiff  of  ours  or  any  one  else  shall  take 
horses  or  wagons  of  any  free  man  for  carrying  purposes  ex- 
cept on  the  permission  of  that  free  man. 

31.  Neither   we   nor   our   bailiffs   will   take   the   wood   of 
another  man  for  castles,  or  for  anything  else  which  we  are 
doing,  except  by  the  permission  of  him  to  whom  the  wood 
belongs. 

32.  We  will   not  hold  the  lands  of  those  convicted  of  a 
felony  for  more  than  a  year  and  a  day,  after  which  the  lands 
shall  be  returned  to  the  lords  of  the  fiefs. 

33.  All  the  fish-weirs  in  the  Thames  and  the  Medway,  and 
throughout  all   England,   shall  be  done  away  with,   except 
those  on  the  coast. 

34.  The  writ  which  is  called  Prcccipc  shall  not  be  given  for 
the  future  to  anyone  concerning  any  tenement  by  which  a 
free  man  can  lose  his  court. 


THE  WINNING  OF  THE  CHARTER  175 

35.  There  shall  be  one  measure  of  wine  throughout  our 
whole  kingdom,  and  one  measure  of  ale,  and  one  measure 
of  grain,  that  is  the  London  quarter,  and  one  width  of  dyed 
cloth  and  of  russets  and  of  halbergets,  that  is  two  ells  within 
the  selvages ;  of  weights,  moreover,  it  shall  be  as  of  measures. 

36.  Nothing  shall  henceforth  be  given  or  taken  for  a  writ 
of  inquisition  concerning  life  or  limbs,  but  it  shall  be  given 
freely  and  not  denied. 

37.  If  anyone  holds  of  us  by  fee  farm  or  by  soccage  or 
by  burgage,   and   from  another  he  holds  land  by  military 
service,  we  will  not  have  the  guardianship  of  the  heir  of 
his  land  which  is  of  the  fief  of  another,  on  account  of  that 
fee   farm,   or  soccage,  or  burgage;   nor  will   we   have   the 
custody  of  that  fee  farm,  or  soccage,  or  burgage,  unless  that 
fee   farm   itself  owes  military  service.     We  will  not  have 
the  guardianship  of  the  heir  or  of  the  land  of  anyone,  which 
he  holds  from  another  by  military  service  on  account  of  any 
petty  serjeanty  which  he  holds  from  us  by  the  service  of 
paying  to  us  knives  or  arrows,  or  things  of  that  kind. 

38.  No  bailiff  for  the  future  shall  place  anyone  to  his  law 
on  his  simple  affirmation,  without  credible  witnesses  brought 
for  this  purpose. 

39.  No   free  man   shall  be   taken  or   imprisoned   or  dis- 
possessed, or  outlawed,  or  banished,  or  in  any  way  destroyed, 
nor  will  we  go  upon  him,  nor  send  upon  him,  except  by  the 
legal  judgment  of  his  peers  or  by  the  law  of  the  land. 

40.  To  no  one  will  we  sell,  to  no  one  will  we  deny,  or  delay 
right  or  justice. 

41.  All  merchants  shall  be  safe  and  secure  in  going  out 
from  England  and  coming  into  England  and  in  remaining 
and  going  through  England,  as  well  by  land  as  by  water,  for 
buying  and  selling,  free  from  all  evil  tolls,  by  the  ancient  and 
rightful  customs,  except  in  time  of  war,  and  if  they  are  of 
a  land  at  war  with  us;  and  if  such  are  found  in  our  land  at 
the  beginning  of  war,  they  shall  be  attached  without  injury 
to  their  bodies  or  goods,  until  it  shall  be  known  from  us  or 
from  our  principal  justiciar  in  what  way  the  merchants  of 
our  land  are  treated  who  shall  be  then  found  in  the  country 
which  is  at  war  with  us;  and  if  ours  are  safe  there,  the 
others  shall  be  safe  in  our  land. 

42.  It  is  allowed  henceforth  to  anyone  to  go  out  from  our 
kingdom,  and  to  return,  safely  and  securely,  by  land  and  by 
water,  saving  their  fidelity  to  us,  except  in  time  of  war  for 
some  short  time,  for  the  common  good  of  the  kingdom;  ex- 


1 76  SOURCE-BOOK  OF  ENGLISH  HISTORY 

cepting  persons  imprisoned  and  outlawed  according  to  the 
law  of  the  realm,  and  people  of  a  land  at  war  with  us,  and 
merchants,  of  whom  it  shall  be  clone  as  is  before  said. 

43.  If  anyone  holds  from  any  escheat,  as  from  the  honour 
of  Wallingford,  or  Nottingham,  or  Boulogne,  or  Lancaster, 
or   from   other   escheats   which    are    in   our   hands    and   are 
baronies,  and  he  dies,  his  heir  shall  not  give  any  other  relief, 
nor  do   to   us   any  other   service   than  he   would   do  to   the 
baron,  if  that  barony  was  in  the  hands  of  the  baron;  and  we 
will  hold  it  in  the  same  way  as  the  baron  held  it. 

44.  Men  who  dwell  outside  the  forest  shall  not  henceforth 
come  before  our  justiciars  of  the  forest,  on  common  sum- 
mons, unless  they  are  in  a  plea  of,  or  pledges  for  any  person 
or  persons  who  are  arrested  on  account  of  the  forest. 

45.  We   will   not   make   justiciars,    constables,    sheriffs   or 
bailiffs  except  of  such  as  know  the  law  of  the  realm  and  are 
well  inclined  to  observe  it. 

46.  All  barons  who  have  founded  abbeys  for  which  they 
have  charters  of  kings  of  England,  or  ancient  tenure,  shall 
have  their  cvistody  when  they  have  become  vacant,  as  they 
ought  to  have. 

47.  All  forests  which  have  been  afforested  in  our  time  shall 
be  disafforested  immediately;  and  so  it  shall  be  concerning 
river  banks  which  in  our  time  have  been  fenced  in. 

48.  All  the  bad  customs  concerning  forests  and  warrens 
and  concerning  foresters  and  warreners,  sheriffs  and  their 
servants,  river  banks  and  their  guardians  shall  be  inquired 
into   immediately   in  each   county  by  twelve   sworn   knights 
of  the  same  county,  who  shall  be  elected  by  the  honest  men 
of  the  same  county,  and  within   fifty  days  after  the  inquisi- 
tion has  been  made,  they  shall  be  entirely  destroyed  by  them, 
never  to  be  restored,  provided  that  we  be  first  informed  of 
it,  or  our  justiciar,  if  we  are  not  in  England. 

49.  We  will  give  back  immediately  all  hostages  and  char- 
ters  which    have    been    liberated    to    us    by    Englishmen    as 
security  for  peace  or  for  faithful  service. 

50.  We  will   remove  absolutely  from  their  bailiwicks  the 
relatives  of  Gerard  de  Athyes,  so  that  for  the  future  they 
shall  have  no  bailiwick   in   England ;   Engelard  de   Cygony, 
Andrew,  Peter  and  Gyon  de  Chancelles,   Gyon  de  Cygony, 
Geoffrey  de  Martin  and  his  brothers,  Philip  Mark  and  his 
brothers,  and  Geoffrey  his  nephew  and  their  whole  retinue. 

51.  And  immediately  after  the   re-establishment  of  peace 
we  will  remove  from  the  kingdom  all  foreign-born  soldiers, 


THE  WINNING  OF  THE  CHARTER  177 

cross-bow  men,  servants,  and  mercenaries  who  have  come 
with  horses  and  arms  for  the  injury  of  the  realm. 

52.  If  anyone   shall   have  been   dispossessed   or   removed 
by  us  without  legal  judgment  of  his  peers,  from  his  lands, 
castles,  franchises,  or  his  right  we  will  restore  them  to  him 
immediately;  and  if  contention  arises  about  this,  then  it  shall 
be  done  according  to  the  judgment  of  the  twenty-five  barons, 
of  whom  mention  is  made  below  concerning  the  security  of 
the  peace.     Concerning  all  those  things,  however,  from  which 
anyone  has  been  removed  or  of  which  he  has  been  deprived 
without   legal   judgment  of  his   peers   by   King   Henry   our 
father,  or  by  King  Richard  our  brother,  which  we  have  in 
our  hand,  or  which  others  hold,  and  which  it  is  our  duty  to 
guarantee,    we    shall    have    respite    till    the   usual    term   of 
crusaders;  excepting  those  things  about  which  the  suit  has 
been  begun  or  the  inquisition  made  by  our  writ  before  our 
assumption  of  the  cross ;  when,  however,  we  shall   return 
from  our  journey,  or  if  by  chance  we  desist  from  the  journey, 
we  will  immediately  show  full  justice  in  regard  to  them. 

53.  We  shall,  moreover  have  the  same  respite  and  in  the 
same  manner  about  showing  justice  in  regard  to  the  forests 
which  are  to  be  disafforested  or  to  remain   forests,  which 
Henry  our  father  or  Richard  our  brother  made  into  forests ; 
and  concerning  the  custody  of  'lands  which  are  in  the  fief 
of  another,   custody  of  which  we  have  until  now  had  on 
account  of  a  fief  which  anyone  has  held  from  us  by  military 
service ;  and  concerning  the  abbeys  which  have  been  founded 
in  fiefs  of  others  than  ourselves,  in  which  the  lord  of  the 
fee  has  asserted  for  himself  a  right;  and  when  we  return  or 
if  we  should  desist  from  our  journey  we  will  immediately 
show  full  justice  to  those  complaining  in  regard  to  them. 

54.  No  one  shall  be  seized  nor  imprisoned  on  the  appeal 
of  a  woman   concerning  the   death   of   anyone   except  her 
husband. 

55.  All  fines  which  have  been  imposed  unjustly  and  against 
the  law  of  the  land,  and  all  penalties  imposed  unjustly  and 
against  the  law  of  the  land  are  altogether  excused,  or  will  be 
on  the  judgment  of  the  twenty-five  barons  of  whom  mention 
is  made  below  in  connection  with  the  security  of  the  peace, 
or  on  the  judgment  of  the  majority  of  them,  along  with  the 
aforesaid  Stephen,  archbishop  of  Canterbury,   if  he  is  able 
to  be  present,  and  others  whom  he  may  wish  to  call  for  this 
purpose  along  with  him.     And  if  he  should  not  be  able  to 
be  present,  nevertheless  the  business  shall  go  on  without  him, 


i?8  SOURCE-BOOK  OF  ENGLISH  HISTORY 

provided  that  if  any  one  or  more  of  the  aforesaid  twenty-five 
barons  are  in  a  similar  suit  they  should  be  removed  as  far  as 
this  particular  judgment  goes,  and  others  who  shall  be  chosen 
and  put  upon  oath,  by  the  remainder  of  the  twenty-five 
shall  be  substituted  for  them  for  this  purpose. 

56.  If  we   have   dispossessed   or   removed   any   Welshmen 
from  their  lands,  or  franchises,  or  other  things,  without  legal 
judgment  of  their  peers,  in  England,  or  in  Wales,  they  shall 
be  immediately  returned  to  them;  and  if  a  dispute  shall  have 
arisen  over  this,  then  it  shall  be  settled  in  the  borderland  by 
judgment   of   their   peers,   concerning   holdings   of   England 
according   to   the   law   of   England,   concerning  holdings   of 
Wales  according  to  the  law  of  Wales,  and  concerning  hold- 
ings of  the  borderland  according  to  the  law  of  the  border- 
land.    The  Welsh  shall  do  the  same  to  us  and  ours. 

57.  Concerning  all  these  things,  however,  from  which  any 
one  of  the  Welsh  shall  have  been  removed  or  dispossessed 
without   legal   judgment   of  his   peers,   by   King   Henry  our 
father,  or  King  Richard  our  brother,  which  we  hold  in  our 
hands,  or  which  others  hold,  and  we  are  bound  to  warrant 
to  them,  we  shall  have  respite  till  the  usual  period  of  cru- 
saders, those  being  excepted  about  which  suit  was  begun  or 
inquisition  made  by  our  command  before  our  assumption  of 
the  cross.     When,  however,  we  shall  return  or  if  by  chance 
we  shall  desist  from  our  journey,  we  will  show  full  justice 
to  them  immediately,  according  to  the  laws  of  the  Welsh  and 
the  aforesaid  parts. 

58.  We  will  give  back  the  son  of  Lewellyn  immediately, 
and  all  the  hostages  from  Wales  and  the  charters  which  had 
been  liberated  to  us  as  a  security  for  peace. 

59.  We  will  act  toward  Alexander,  king  of  the  Scots,  con- 
cerning the  return  of  his  sisters  and  his  hostages,  and  con- 
cerning his  franchises  and  his  right,  according  to  the  manner 
in  which  we  shall  act  toward  our  other  barons  of  England, 
unless  it  ought  to  be  otherwise  by  the  charters  which  we  hold 
from  William  his  father,  formerly  king  of  the  Scots,  and  this 
shall  be  by  the  judgment  of  his  peers  in  our  court. 

60.  Moreover,  all  those  customs  and  franchises  mentioned 
above  which  we  have  conceded  in  our  kingdom,  and  which 
are  to  be  fulfilled,  as  far  as  pertains  to  us,  in  respect  to  our 
men ;  all  men  of  our  kingdom  as  well  clergy  as  laymen,  shall 
observe  as  far  as  pertains  to  them,  in  respect  to  their  men. 

61.  Since,  moreover,  for  the  sake  of  God,  and  for  the  im- 
provement of  our  kingdom,  and  for  the  better  quieting  of 


THE  WINNING  OF  THE  CHARTER  179 

the  hostility  sprung  up  lately  between  us  and  our  barons,  we 
have  made  all  these  concessions ;  wishing  them  to  enjoy 
these  in  a  complete  and  firm  stability  forever,  we  make  and 
concede  to  them  the  security  described  below;  that  is  to 
say,  that  they  shall  elect  twenty-five  barons  of  the  kingdom, 
whom  they  will,  who  ought  with  all  their  power  to  observe, 
hold,  and  cause  to  be  observed,  the  peace  and  liberties  which 
we  have  conceded  to  them,  and  by  this  our  present  charter 
confirmed  to  them;  in  this  manner,  that  if  we  or  our  justiciar, 
or  our  bailiffs,  or  any  one  of  our  servants  shall  have  done 
wrong  in  any  way  toward  any  one,  or  shall  have  trans- 
gressed any  of  the  articles  of  peace  or  security ;  and  the 
wrong  shall  have  been  shown  to  four  barons  of  the  aforesaid 
twenty-five  barons,  let  those  four  barons  come  to  us  or  to  our 
justiciar,  if  we  are  out  of  the  kingdom,  laying  before  us  the 
transgression,  and  let  them  ask  that  we  cause  that  trans- 
gression to  be  corrected  without  delay.  And  if  we  shall  not 
have  corrected  the  transgression,  or  if  we  shall  be  out  of  the 
kingdom,  if  our  justiciar  shall  not  have  corrected  it  within 
a  period  of  forty  days,  counting  from  the  time  in  which  it 
has  been  shown  to  us  or  to  our  justiciar,  if  we  are  out  of  the 
kingdom;  the  aforesaid  four  barons  shall  refer  the  matter 
to  the  remainder  of  the  twenty-five  barons,  and  let  these 
twenty-five  barons  with  the  whole  community  of  the  country 
distress  and  injure  us  in  every  way  they  can ;  that  is  to  say 
by  the  seizure  of  our  castles,  lands,  possessions,  and  in  such 
other  ways  as  they  can  until  it  shall  have  been  corrected 
according  to  their  judgment,  saving  our  person  and  that  of 
our  queen,  and  those  of  our  children ;  and  when  the  correc- 
tion has  been  made,  let  them  devote  themselves  to  us  as 
they  did  -before.  And  let  whoever  in  the  country  wishes 
take  an  oath  that  in  all  the  above-mentioned  measures  he 
will  obey  the  orders  of  the  aforesaid  twenty-five  barons,  and 
that  he  will  injure  us  as  far  as  he  is  able  with  them,  and 
we  give  permission  to  swear  publicly  and  freely  to  each 
one  who  wishes  to  swear,  and  no  one  will  we  ever  forbid  to 
swear.  All  those,  moreover,  in  the  country  who  of  them- 
selves and  their  own  will  are  unwilling  to  take  an  oath  to  the 
twenty-five  barons  as  to  distressing  and  injuring  us  along 
with  them,  we  will  compel  to  take  the  oath  by  our  mandate, 
as  before  said.  And  if  any  one  of  the  twenty-five  barons 
shall  have  died  or  departed  from  the  land  or  shall  in  any 
other  way  be  prevented  from  taking  the  above-mentioned 
action,  let  the  remainder  of  the  aforesaid  twenty-five  barons 


i So  SOURCE-BOOK  OF  ENGLISH  HISTORY 

choose  another  in  his  place,  according  to  their  judgment. 
who  shall  take  an  oath  in  the  same  way  as  the  others.  In 
all  those  things,  moreover,  which  are  committed  to  those  five 
and  twenty  barons  to  carry  out,  if  perhaps  the  twenty-five 
are  present,  and  some  disagreement  arises  among  them  about 
something,  or  if  any  of  them  when  they  have  been  summoned 
are  not  willing  or  are  not  able  to  be  present,  let  that  be  con- 
sidered valid  and  firm  which  the  greater  part  of  those  who 
are  present  arrange  or  command,  just  as  if  the  whole  twenty- 
five  had  agreed  in  this;  and  let  the  aforesaid  twenty-five 
swear  that  they  will  observe  faithfully  all  the  things  which 
are  said  above,  and  with  all  their  ability  cause  them  to  be 
observed.  And  we  will  obtain  nothing  from  anyone,  either 
by  ourselves  or  by  another  by  which  any  of  these  concessions 
and  liberties  shall  be  revoked  or  diminished;  and  if  any  such 
thing  shall  have  been  obtained,  let  it  be  invalid  and  void, 
and  we  will  never  use  it  by  ourselves  or  by  another. 

62.  And  all  ill-will,  grudges,  and  anger  sprung  up  between 
us  and  our  men,  clergy  and  laymen,  from  the  time  of  the 
dispute,  we  have  fully  renounced  and  pardoned  to  all.  More- 
over, all  transgressions  committed  on  account  of  this  dispute, 
from  Easter  in  the  sixteenth  year  of  our  reign  till  the 
restoration  of  peace,  we  have  fully  remitted  to  all,  clergy  and 
laymen,  and  as  far  as  pertains  to  us,  fully  pardoned.  And 
moreover  we  have  caused  to  be  made  for  them  testimonial 
letters-patent  of  lord  Stephen,  archbishop  of  Canterbury, 
lord  Henry,  archbishop  of  Dublin,  and  of  the  aforesaid 
bishops  and  of  master  Pandulf,  in  respect  to  that  security 
and  the  concession  named  above. 

Wherefore  we  will  and  firmly  command  that  the  Church 
of  England  shall  be  free,  and  that  the  men  of  our  kingdom 
shall  have  and  hold  all  the  aforesaid  liberties,  rights  and 
concessions,  well  and  peacefully,  freely  and  quietly,  fully 
and  completely,  for  themselves  and  their  heirs,  from  us  and 
our  heirs,  in  all  things  and  places,  forever,  as  before  said. 
It  has  been  sworn,  moreover,  as  well  on  our  part  as  on  the 
part  of  the  barons,  that  all  these  things  spoken  of  above 
shall  be  observed  in  good  faith  and  without  any  evil  intent. 
Witness  the  above  named  and  many  others.  Given  by  our 
hand  in  the  meadow  which  is  called  Runnymede,  between 
Windsor  and  Staines,  on  the  fifteenth  day  of  June,  in  the 
seventeenth  year  of  our  reign. 

(Translations  and  Reprints,  ed.  cit.) 


CHAPTER    XI 

THE   GROWTH   OF   LAW 
81.   Summonses  to  Parliament 

Lords'  Report  on  the  Dignity  of  a  Peer 

The  custom  of  summoning  the  great  lords  to  national  councils 
existed  in  Anglo-Saxon  times.  Not  until  after  the  Conquest, 
however,  did  the  custom  grow  into  a  right,  which  in  the  Angevin 
Period  gave  rank  to  him  who  was  summoned.  The  great  coun- 
cils, which  later  grew  into  the  Parliament,  were  attended  —  cer- 
tainly as  to  the  Early  Angevin,  probably  as  to  the  Norman 
Period  —  only  by  the  great  nobles.  In  the  time  of  the  Charter, 
however,  we  find  the  lesser  nobles  desirous  of  the  right  of  atten- 
dance, and  later  even  representatives  of  the  commonality  — 
though  in  a  limited  degree  —  were  given  a  place  in  these  gather- 
ings, when  money  was  to  be  exacted  from  them.  The  following 
forms  respectively  represent  a  summons  to  a  great  noble  to 
attend  the  formation  of  a  representative  Parliament,  and  to  each 
of  the  three  estates  for  the  Model  Parliament  of  1295. 

A  WRIT  OF  SUMMONS  OF  THE  LORDS,  SPIRITUAL  AND  TEMPORAL, 

TO    A   PARLIAMENT,   26    HENRY    III. 

(1242) 

The  king  to  the  venerable  father  in  Christ,  W.  archbishop 
of  York,  greeting.  We  command  and  require  you,  as  you 
love  us  and  our  honour,  and  your  own  equally,  and  in  the 
faith  by  which  you  are  held  to  us,  that  laying  aside  all  other 
business,  you  be  with  us  at  London,  fifteen  days  after  St. 
Hilary's  day,  to  discuss  with  us,  along  with  the  rest  of  our 
magnates  whom  we  have  similarly  caused  to  be  convoked, 
our  arduous  affairs  and  those  things  which  more  especially 
touch  our  state  and  that  of  our  whole  kingdom ;  and  that  you 
in  no  way  fail  to  perform  this.  Witness  the  king  at  Windsor, 
Dec.  I4th. 

In  the  same  way  it  is  written  to  all  the  bishops,  abbots, 
earls,  and  barons. 

SUMMONS    OF    A    BISHOP    TO    PARLIAMENT 
("95) 

The  king  to  the  venerable  father  in  Christ,  Robert,  by  the 
same  grace  Archbishop  of  Canterbury,  primate  of  all  Eng- 

181 


i8z  SOURCE-BOOK  OF  ENGLISH  HISTORY 

land,  greeting.  As  a  most  just  law,  established  by  the  care- 
ful providence  of  sacred  princes,  exhorts  and  decrees  that 
what  affects  all,  by  all  should  be  approved,  so  also,  very 
evidently  should  common  danger  be  met  by  means  provided 
in  common.  You  know  sufficiently  well,  and  it  is  now,  as 
we  believe,  divulged  through  all  regions  of  the  world,  how 
the  king  of  France  fraudulently  and  craftily  deprives  us  of 
our  land  of  Gascony,  by  withholding  it  unjustly  from  us. 
Now,  however,  not  satisfied  with  the  before-mentioned  fraud 
and  injustice,  having  gathered  together  for  the  conquest  of 
our  kingdom  a  very  great  fleet,  and  an  abounding  multitude 
of  warriors,  with  which  he  has  made  a  hostile  attack  on  our 
kingdom  and  the  inhabitants  of  the  same  kingdom,  he  now 
proposes  to  destroy  the  English  language  altogether  from 
the  earth,  if  his  power  should  correspond  to  the  detestable 
proposition  of  the  contemplated  injustice,  which  God  forbid. 
Because,  therefore,  darts  seen  beforehand  do  less  injury,  and 
your  interest  especially,  as  that  of  other  fellow-citizens 
of  the  same  realm,  is  concerned  in  this  affair,  we  command 
you,  strictly  enjoining  you  in  the  fidelity  and  love  in  which 
you  are  bound  to  us,  that  on  the  Lord's  day  next  after  the 
feast  of  St.  Martin,  in  the  approaching  winter,  you  be  present 
in  person  at  Westminster,  citing  beforehand  the  dean  and 
chapter  of  your  church,  the  archdeacons  and  all  the  clergy 
of  your  diocese,  causing  the  same  dean  and  archdeacons  in 
their  own  persons,  and  the  said  chapter  by  one  suitable 
proctor,  and  the  said  clergy  by  two,  to  be  present  along  with 
you,  having  full  and  sufficient  power  from  the  same  chapter 
and  clergy,  for  considering,  ordaining  and  providing,  along 
with  us  and  with  the  rest  of  the  prelates  and  principal  men 
and  other  inhabitants  of  our  kingdom,  how  the  dangers  and 
threatened  evils  of  this  kind  are  to  be  met.  Witness  the  king 
Wangham,  the  thirtieth  day  of  September. 
Identical  summons  were  sent  out  to  the  tivo  archbishops 
and  eighteen  bishops,  and,  with  the  omission  of  the  last 
paragraph,  to  seventy  abbots. 

SUMMONS    OF    A    BARON    TO    PARLIAMENT 
(1295) 

The  king  to  his  beloved  and  faithful  relative,  Edmund, 
Earl  of  Cornwall,  greeting.  Because  we  wish  to  have  a 
consultation  and  meeting  with  you  and  with  the  rest  of  the 
principal  men  of  our  kingdom,  as  to  provision  for  remedies 
against  the  dangers  which  in  these  days  are  threatening  our 


THE  GROWTH  OF  LAW  183 

whole  kingdom ;  we  command  you,  strictly  enjoining  you  in 
the  fidelity  and  love  in  which  you  are  bound  to  us,  that  on 
the  Lord's  day  next  after  the  feast  of  St.  Martin,  in  the 
approaching  winter,  you  be  present  in  person  at  Westminster, 
for  considering,  ordaining  and  doing  along  with  us  and  with 
the  prelates,  and  the  rest  of  the  principal  men  and  other  in- 
habitants of  our  kingdom,  as  may  be  necessary  for  meeting 
dangers  of  this  kind. 

Witness  the  king  at  Canterbury,  the  first  of  October. 

Similar  summons  were  sent  to  seven  earls  and  forty-one 

bar°  HS-  (Translations  and  Reprints,  ed.  cit) 

SUMMONS  OF  REPRESENTATIVES  OF  SHIRES   AND  TOWNS  TO 

PARLIAMENT 

("95) 

The  king  to  the  sheriff  of  Northamptonshire.  Since  we 
intend  to  have  a  consultation  and  meeting  with  the  earls, 
barons  and  other  principal  men  of  our  kingdom  with  regard 
to  providing  remedies  against  the  dangers  which  are  in  these 
days  threatening  the  same  kingdom ;  and  on  that  account 
have  commanded  them  to  be  with  us  on  the  Lord's  day  next 
after  the  feast  of  St.  Martin  in  the  approaching  winter,  at 
Westminster,  to  consider,  ordain,  and  do  as  may  be  necessary 
for  the  avoidance  of  these  dangers;  we  strictly  require  you 
to  cause  two  knights  from  the  aforesaid  county,  two  citizens 
from  each  city  in  the  same  county,  and  two  burgesses  from 
each  borough,  of  those  who  are  especially  discreet  and  ca- 
pable of  labouring,  to  be  elected  without  delay,  and  to  cause 
them  to  come  to  us  at  the  aforesaid  time  and  place. 

Moreover,  the  said  knights  are  to  have  full  and  sufficient 
power  for  themselves  and  for  the  community  of  the  afore- 
said county,  and  the  said  citizens  and  burgesses  for  them- 
selves and  the  communities  of  the  aforesaid  cities  and  bor- 
oughs separately,  then  and  there  for  doing  what  shall  then 
be  ordained  according  to  the  common  counsel  in  the  premises ; 
so  that  the  aforesaid  business  shall  not  remain  unfinished  in 
any  way  for  defect  of  this  power.  And  you  shall  have  there 
the  names  of  the  knights,  citizens  and  burgesses  and  this 
writ. 

Witness  the  king  at  Canterbury  on  the  third  day  of  Oc- 
tober. 

Identical  summons  were  sent  to  the  sheriffs  of  each  county. 

{.Select  Ckarttrt,  Stubbs,  ed.  dt.1 


184  SOURCE-BOOK  OF  ENGLISH  HISTORY 

82.   Confirmation  of  the  Charters 

(25  Edw.  I,  c.  1-7,  1297) 

Statutes  of  the  Realm 

The  Magna  Charta  was  a  rallying  point  for  all  those  striving 
for  relief  from  the  despotic  exercise  of  the  kingly  power.  Again 
and  again  were  the  rights  of  the  people  violated,  but  need  and 
fear  of  the  people  compelled  the  re-granting  of  the  rights  given 
in  the  Great  Charter.  These  re-grants  took  the  form  of  re-issues 
of  the  Charter,  as  in  the  Charter  of  Henry  III.,  or  of  confirma- 
tions of  its  provisions,  as  the  following  Confirmation  of  the 
Charters. 

1.  Edward,  by  the  grace  of  God  king  of  England,  lord  of 
Ireland,  and  duke  of  Aquitaine  to  all  those  that  shall  see  or 
hear  these  present  letters,  greeting:  Know  ye,  that  we  to  the 
honour  of  God  and  of  holy  church,  and  to  the  profit  of  our 
realm,  have  granted  for  us  and  our  heirs  that  the  Charter 
of  Liberties  and  the  Charter  of  the  Forest,  which  were  made 
by   common   assent  of  all   the   realm,   in   the   time   of   King 
Henry  our  father,  shall  be  kept  in  every  point  without  breach. 
And  we  will  that  the  same  charters  shall  be  sent  under  our 
seal,  as  well  to  our  justices  of  the  forest  as  to  others,  and  to 
all  sheriffs  of  shires,  and  to  all  our  other  officers  and  to  all 
our  cities  throughout  the  realm,  together  with  our  writs,  in 
which   it   shall   be   contained   that  they   cause   the   aforesaid 
charters  to  be  published,  and  declare  to  the  people  that  we 
have  confirmed  them   in   all   points;   and  that  our   justices, 
sheriffs,  mayors,  and  other  officials  which  under  us  have  the 
laws  of  our  land   to   guide,   shall   allow   the   said   charters 
pleaded  before  them  in  judgment  in  all  their  points;  that  is 
to  wit,  the  Great  Charter  as  the  common  law  and  the  Charter 
of  the  Forest  according  to  the  assize  of  the  forest,  for  the 
weal  of  our  people. 

2.  And  we  will  that  if  any  judgment  be  given  from  hence- 
forth, contrary  to  the  points  of  the  charter  aforesaid,  by  the 
justices  or  by  any  other  of  our  officials  that  hold  pleas  be- 
fore them,  it  shall  be  undone  and  holden  for  naught. 

3.  And  we  will  that  the  same  charters  shall  be  sent  under 
our  seal  to  cathedral  churches  throughout  our  realm,  there 
to  remain,  and  shall  be  read  before  the  people  twice  yearly. 

4.  And  that  archbishops  and  bishops  shall  pronounce  the 
sentence  of  the  greater  excommunication  against  all  those  that 
by  act,  by  aid,  or  by  counsel,  do  contrary  to  the  aforesaid 
charters,  or  that  in  any  point  break  or  undo  them.     And  that 
the  said  curses  be  twice  a  year  denounced  and  published  by 
the  prelates  aforesaid.     And  if  the  same  prelates  or  any  of 


THE  GROWTH  OF  LAW  185 

them,  be  remiss  in  the  denunciation  of  the  said  sentences, 
the  archbishops  of  Canterbury  and  York  for  the  time  being, 
as  is  fitting,  shall  compel  and  constrain  them  to  make  that 
denunciation  in  form  aforesaid. 

5.  And  for  as  much  as  divers  people  of  our  realm  are  in 
fear  that  the  aids  and  tasks  which  they  have  given  to  us 
beforetime  towards  our  wars  and  other  business,  of  their 
own  grant  and  good-will,  howsoever  they  were  made,  might 
turn  to  a  bondage  to  them  and  their  heirs,   because  they 
might  be  at  another  time  found  in  the  rolls,  and  so  likewise 
the  prises  taken  throughout  the  realm  by  our  ministers;  we 
have  granted  for  us  and  our  heirs,  that  we  shall  not  draw 
such  aids,  tasks,  nor  prises,  into  a  custom,  for  anything  that 
hath  been  done  heretofore,  be  it  by  roll  or  any  other  prece- 
dent that  may  be  found. 

6.  Moreover  we  have  granted  for  us  and  our  heirs,  as  well 
to  archbishops,  bishops,  abbots,  priors,  and  other  folk  of  holy 
church,  as  also  to  earls,  barons,  and  to  all  the  commonalty 
of  the  land,  that  for  no  cause  from  henceforth  will  we  take 
such  manner  of  aids,  tasks,  nor  prises,  but  by  the  common 
consent  of  the  realm,  and  for  the  common  profit  thereof, 
saving  the  ancient  aids  and  prises  due  and  accustomed. 

7.  And  for  as  much  as  the  greater  part  of  the  commonalty 
of  the  realm  find  themselves  sore  grieved  with  the  male-tolt 
of  wools,  that  is  to  wit,  a  toll  of  forty  shillings  for  every  sack 
of  wool,  and  have  made  petition  to  us  to  release  the  same; 
we,  at  their  requests,  have  fully  released  it,  and  have  granted 
for  us  and  our  heirs  that  we  shall  not  take  such  thing  or  any 
other  without  their  common  consent  and  good-will,  saving  to 
us  and  our  heirs  the  custom  of  wools,  skins,  and  leather 
granted  before  by  the  commonalty  aforesaid.     In  witness  of 
which  things  we  have  caused  to  be  issued  these  our  letters 
patent.    Witness  Edward,  our  son,  at  London,  the  tenth  day 
of  October,  the  five  and  twentieth  year  of  our  reign. 

And  be  it  remembered  that  this  same  charter  in  the  same 
terms,  word  for  word,  was  sealed  in  Flanders  under  the 
king's  great  seal,  that  is  to  say  at  Ghent,  the  fifth  day  oi 
November  in  the  twenty-fifth  year  of  the  reign  of  our  afore- 
said lord  the  king,  and  sent  into  England, 

(Edited  from  Statutes  of  the  Realm,  I,  123,  124.^ 

Tn  regard  to  the  manner  of -editing  this  and  all  other  selections  from  Statutes  of 
Realm,  see  the  Preface  to  the  second  edition  of  the  Source-Book  of  English  History. 


186  SOURCE-BOOK  OF  ENGLISH  HISTORY 

83.  Ecclesiastical  Sanction  of  the  Confirmation  of  the  Charters 

(«97) 

Book  of  Rights 

The  intimate  connection  between  Church  and  State  in  the  thir- 
teenth century  is  well  shown  by  the  following  selection  which 
furnishes  the  text  of  the  endorsement  by  the  ecclesiastical  au- 
thority of  the  act  of  the  king. 

In  the  name  of  the  Father,  of  the  Son,  and  of  the  Holy 
Ghost,  Amen.  Whereas  our  sovereign  lord  the  King,  to  the 
honour  of  God  and  of  holy  church,  and  for  the  common  profit 
of  the  realm,  hath  granted  for  him  and  his  heirs  for  ever  these 
articles  abovewritten.  We,  Robert  archbishop  of  Canter- 
bury, primate  of  all  England,  admonish  all  those  of  the  realm 
of  England  once,  twice,  and  thrice  —  because  that  shortness 
of  time  will  not  suffer  more  delay,  —  that  all  and  every  of 
them  of  what  estate  soever  they  be,  as  much  as  in  them  is, 
do  uphold  and  maintain  these  things  granted  by  our  sover- 
eign lord  the  King  in  all  points ;  and  that  they  or  none  of 
them  do  resist  or  break,  or  in  any  manner  hereafter  procure, 
counsel,  or  any  ways  assent  to  resist  or  break  them,  or  go 
about  it,  by  word  or  deed,  openly  or  privily,  by  any  manner 
of  pretence  of  colour;  and  we  the  foresaid  archbishop,  by  our 
authority  in  this  writing  expressed,  do  excommunicate  all 
such,  and  them  from  the  body  of  our  Lord  Jesus  Christ,  and 
from  all  the  company  of  heaven,  and  from  all  the  sacraments 
of  holy  church,  do  dissever.  Fiat!  Fiat!  Amen! 

(Trans.  Edgar  Taylor  in  Book  of  Rights,  Lond.  1831.  p.  51.) 

84.   De  Tallagio  Non  Concedendo 

(25  EDW.  I,  1297) 

Statutes  of  the  Realm 

The  Statutum  de  Tallagio  non  Concedendo  was  originally  an 
unauthorized  interpretation  of  the  Confirmatio  Chartarum.  It 
was  not  a  statute,  though  afterward  cast  in  that  form.  Its  prin- 
ciples were  of  such  importance  in  the  struggles  against  illegal 
taxation  that  it  early  acquired  by  sufferance  a  place  in  the  collec- 
tions of  laws.  In  1628  it  was  quoted  as  a  statute  in  the  Petition 
of  Right  (which  embodied  its  principles),  and  in  1637  it  was 
judicially  declared  a  statute. 

"A    STATUTE   CONCERNING   CERTAIN    LIBERTIES   GRANTED   BY 
THE    KING   TO    HIS    COMMONS" 

i.  No  tallage  or  aid  shall  be  laid  or  levied  by  us  or  our 
heirs  in  our  realm,  without  the  good-will  and  assent  of  the 
archbishops,  bishops,  and  other  prelates,  earls,  barons,  knights, 
burgesses,  and  other  freemen  of  the  land. 


THE  GROWTH  OF  LAW  187 

2.  No  officer  of  ours,  or  of  our  heirs,  shall  take  corn,  wool, 
leather,  or  any  other  goods,  of  any  manner  of  person,  with- 
out the  good-will  and  consent  of  the  party  to  whom  the  goods 
belonged. 

3.  Nothing  from  henceforth  shall  be  taken  of  sacks  of  wool 
in  the  name  or  by  occasion  of  male-tent. 

4.  Also  we  will  and  grant  for  us  and  our  heirs,  that  all 
clerks  and  laymen  of  our  realm  shall  have  all  their  laws, 
liberties,  and  free  customs,  as  freely  and  wholly  as  they  were 
used  to  have  the  same  at  any  time  when  they  had  them  best 
and  most  fully:  And  if  any  statutes  have  been  made  by  us  or 
our  ancestors,  or  any  customs  brought  in  contrary  to  them, 
or  to  any  manner  of  article  contained  in  this  present  charter, 
we  will  and  grant,  that  such  manner  of  statutes  and  customs 
shall  be  void  and  frustrate  for  evermore. 

5.  [Pardon  granted  to  certain  offenders.] 

6.  And  for  the  more  assurance  of  this  thing,  we  will  and 
grant  for  ourselves  and  our  heirs,  that  all  archbishops  and 
bishops  of  England  for  ever,  in  their  cathedral  churches  this 
present  charter  being  first  read,  shall  excommunicate,  and 
publically  in  the  several  parish  churches  of  their  diocese, 
shall  cause  to  be  excommunicated,  or  to  be  declared  excom- 
municated twice  in  the  year  all  those  that  willingly  do  or 
procure  to  be  done  any  thing  contrary  to  the  tenor,  force, 
and  effect  of  this  present  charter  in  any  point  or  article. 

In  witness  whereof  our  seal  is  put  to  this  present  charter, 
together  with  the  seals  of  the  archbishops,  bishops,  earls, 
barons,  and  others;  who  voluntarily  have  sworn  that,  as 
much  as  in  them  is,  they  will  observe  the  tenor  of  this  present 
charter  in  all  and  singular  its  articles,  and  will  afford  their 
faithful  aid  and  counsel  to  its  observance  for  evermore. 

(Ed.  from  Statutes  of  the  Realm,  I,  125.) 

85.   The  Law  of  Mortmain 

Statutes  of  t fie  Realm 

The  Statute  of  Mortmain  was  the  first  step  taken  by  Ed- 
ward I.  in  the  assertion  of  the  right  of  the  State  to  control  the 
Church  when  civil  interests  were  affected  by  ecclesiastical  action. 
It  "  stands  to  ecclesiastical  tenures  in  the  same  position  that  the 
statute  Quia  Emptorcs  stands  to  lay  tenures."  The  statute  given 
is  the  first,  and  is  typical  of  a  series,  all  aimed  at  the  practice 
by  which  lands  were  transferred  to  the  Church  and  removed 
from  the  control  of  lords  who  claimed  the  feudal  rights,  and 
from  the  possession  of  those  to  whom  the  lands  would  naturally 
have  descended. 


1 88  SOURCE-BOOK  OF  ENGLISH  HISTORY 

STATUTUM   DE   RELIGIOSIS 
(7  EDW.  I,  1279) 

Where  of  late  it  was  provided,  that  religious  men  should 
not  enter  into  the  fees  of  any  without  licence  and  will  of  the 
chief  lords,  of  whom  such  fees  be  holden  immediately;  and 
whereas  religious  men  have  notwithstanding  entered  as  well 
into  their  own  fees,  as  into  the  fees  of  other  men,  appropriat- 
ing and  buying  them,  and  sometime  receiving  them  of  the 
gift  of  others,  whereby  the  services  that  are  due  of  such  fees, 
and  which  at  the  beginning  were  provided  for  defence  of 
the  realm,  arc  wrongfully  withdrawn,  and  the  chief  lords  do 
lose  their  escheats  of  the  same:  We,  therefore,  to  the  profit 
of  our  realm,  intending  to  provide  convenient  remedy,  by  the 
advice  of  our  prelates,  earls,  barons,  and  other  our  lieges, 
being  of  our  council,  have  provided,  established,  and  ordained, 
that  no  person,  religious  or  other,  whatsoever  he  be,  do  pre- 
sume to  buy  or  sell  any  lands  or  tenements,  or  under  the 
colour  of  gift  or  lease,  or  by  reason  of  any  other  title,  what- 
soever it  be,  to  receive  from  any  man,  or  by  any  other  craft 
or  device  to  appropriate  to  himself,  lands  or  tenements,  under 
pain  of  forfeiture  of  the  same,  whereby  such  lands  or  tene- 
ments may  anywise  come  into  Mortmain. 

We  have  provided  also,  that  if  any  person,  religious  or 
other,  do  presume  either  by  craft  or  device  to  offend  against 
this  statute,  it  shall  be  lawful  to  us,  and  other  immediate 
chief  lords  of  the  fee  so  aliened,  to  enter  therein  within  a 
year  from  the  time  of  such  alienation,  and  to  hold  it  in  fee 
and  inheritance.  And  if  the  immediate  chief  lord  be  negli- 
gent, and  will  not  enter  into  such  fee  within  the  year,  then  it 
shall  be  lawful  to  the  next  immediate  chief  lord  of  the  same 
fee  to  enter  into  the  same  within  half  a  year  next  following, 
and  to  hold  it  as  before  is  said;  and  so  every  immediate  chief 
lord  may  enter  into  such  fee,  if  the  next  immediate  lord  be 
negligent  in  entering  into  the  same  fee,  as  is  aforesaid.  And 
if  all  such  chief  lords  of  such  fees,  being  of  full  age,  within 
the  four  seas,  and  out  of  prison,  be  negligent  or  slack  in  this 
behalf,  we  immediately  after  the  year  accomplished,  from 
the  time  that  such  purchases,  gifts,  or  other  appropriations 
happen  to  be  made,  shall  take  such  lands  and  tenements  into 
our  hand,  and  shall  infeoff  others  therein,  by  certain  ser- 
vices to  be  done  for  the  same  to  us  for  the  defence  of 
our  realm;  saving  to  the  chief  lords  of  the  same  fees  their 
wards  and  escheats,  and  other  services  to  them  due  and  accus- 
tomed, 


THE  GROWTH  OF  LAW  189 

And  therefore  we  command  you,  that  ye  cause  the  foresaid 
statute  to  be  read  before  you,  and  from  henceforth  to  be  kept 
firmly  and  observed.  Witness  my  self  at  Westminster  the 
fifteenth  day  of  November,  the  seventh  year  of  our  reign. 

(Ed.  from  Statutes  of  the  Realm,  I,  51.) 

86.   Freedom  of  Parliament 

(7  EDW.  I.,  1*79) 

Book  of  Rights 

This  provision  is  in  line  with  the  many  designed  to  protect  the 
commonalty  when  exercising  their  political  rightss.  From  the 
days  of  the  Saxon  Kings  this  protection  was  constant  in  theory 
and  usually  in  practice. 

To  all  Parliaments  and  Treatises  men  shall  come  without 
Force  and  Arms. 

Edward  by  the  grace  of  God,  King  of  England,  Lord  of 
Ireland,  and  Duke  of  Aquitaine;  to  the  justices  of  his  bench 
sendeth  greeting.  Whereas  of  late  before  certain  persons 
deputed  to  treat  upon  sundry  debates  had  between  us  and 
certain  great  men  of  our  realm,  amongst  other  things  it  was 
accorded,  in  our  next  parliament  after,  provision  should  be 
made  by  us  and  the  common -assent  of  the  prelates,  earls,  and 
barons,  that  in  all  parliaments,  treatises,  and  other  assemblies 
which  should  be  made  in  the  realm  of  England  for  ever, 
every  man  shall  come  without  all  force  and  armour,  well  and 
peaceably  to  the  honour  of  us  and  the  peace  of  our  realm. 
And  now  in  our  next  parliament  at  Westminster  after  the 
said  treatise,  the  prelates,  earls,  barons,  and  the  commonalty 
of  our  realm,  there  assembled  to  take  advice  of  this  business, 
have  said  to  us  that  it  belongeth  and  our  part  is,  through  our 
royal  seigniory,  straightly  to  prohibit  force  of  armour  and  all 
other  force  against  our  peace,  at  all  times  when  it  shall  please 
us,  and  to  punish  them  which  shall  do  contrary,  according 
to  our  laws  and  usages  of  our  realm;  and  hereunto  they  are 
bound  to  aid  us  as  their  sovereign  lord  at  all  seasons  when 
need  shall  be.  We  command  you,  that  ye  cause  these  things 
to  be  read  afore  you  in  the  said  bench,  and  there  to  be  en- 
rolled. 

(Book  of  Rights,  ed.  cit.,  p.  59. 

87.   Taxation  of  Religious  Houses 

(35  EDW.  I.,  1306-7) 

Statutes  of  the  Realm 

The  statute  De  Asportatis  Rellglosorum,  also  known  as  the 
statutum  Carlisli,  was  the  first  of  a  series  of  anti-papal  statutes 
which  extended  even  beyond  the  close  of  the  Stuart  period.  The 


190  SOURCE-BOOK  OF  ENGLISH  HISTORY 

texts  of  the  most  important  of  these  have  been  translated  and  are 
printed  in  full  (Nos.  85.  oo.  02,  03.  107,  108.  TIT),  that  the  student 
may  himself  trace  the  clnim  of  ecclesiastical  independence  put  for- 
ward by  English  kings.  The  object  of  the  following  statute  was  to 
prevent  the  taxation  of  religious  houses  by  non-resident  superiors. 

STATUTUM    DE    ASPORTATIS    RELIGIOSORUM 

In  the  Parliament  held  at  Carlisle,  on  the  Octave  of  St. Hilary 
(A.D.  1306-7) 

Of  late  it  came  to  the  knowledge  of  our  lord  the  king,  by 
the  grievous  complaint  of  the  honourable  persons,  lords,  and 
other  noblemen  of  his  realm,  that  whereas  monasteries,  pri- 
ories, and  other  religious  houses  had  been  founded  to  the 
honour  and  glory  of  God,  and  the  advancement  of  the  Holy 
Church,  by  the  king  and  his  progenitors,  and  by  the  said 
noblemen  and  their  ancestors ;  and  a  very  great  portion  of 
lands  and  tenements  had  been  given  by  them  to  the  said 
monasteries,  priories,  and  houses,  and  the  religious  men 
serving  God  in  them,  to  the  intent  that  as  well  clerks  as  lay- 
men might  be  admitted  in  such  monasteries  and  religious 
houses,  according  to  their  sufficient  ability,  and  that  sick 
and  feeble  men  might  be  maintained,  hospitality,  almsgiving, 
and  other  charitable  deeds  might  be  exercised  and  done,  and 
in  them  prayers  might  be  said  for  the  souls  of  the  said 
founders  and  their  heirs;  the  abbots,  priors,  and  governors 
of  the  said  houses,  and  certain  aliens  their  superiors,  as 
the  abbots  and  priors  of  the  orders  of  Cluniaccnses,  Cister- 
cicnscs,  and  Prcmonstratcnses,  and  of  St.  Augustine,  and 
St.  Benedict,  and  many  more  of  other  religion  and  order, 
have,  of  late,  appointed  to  be  made  and  at  their  own  pleasure 
ordained  divers  unwonted,  heavy  and  importable  tallages, 
payments,  and  impositions  upon  every  of  the  said  monas- 
teries and  houses  in  subjection  unto  them  in  England,  Ire- 
land, Scotland,  and  Wales,  without  the  privity  of  our  lord 
the  king  and  his  nobility,  contrary  to  the  laws  and  customs 
of  the  said  realm ;  whereby  it  happens  that  numbers  of 
religious  persons,  and  other  servants  in  the  said  houses  and 
religious  places  being  oppressed  by  such  tallages,  payments, 
and  impositions,  the  service  of  God  is  diminished,  and  alms 
are  withdrawn  from  the  poor,  the  sick,  and  feeble,  and 
the  healths  of  the  living  and  the  souls  of  the  dead  be 
miserably  defrauded,  hospitality,  almsgiving,  and  other 
deeds  of  charity,  do  cease ;  and  so  that  which  in  times  past 
was  given  to  pious  uses,  and  to  the  increase  of  the  service. 


THE  GROWTH  OF  LAW  191 

of  God,  or  to  charity,  is  now  converted  to  an  evil  payment: 
From  whence,  beside  what  is  before  mentioned,  there 
groweth  great  scandal  to  the  people,  and  infinite  losses  are 
well  known  to  have  ensued,  to  the  disheritance  of  the  said 
founders  and  their  heirs,  and  are  yet  likely  to  ensue,  unless 
speedy  and  sufficient  remedy  be  provided  to  redress  so  many 
and  grievous  detriments : 

Our  said  lord  the  king,  therefore,  considering  that  it  would 
be  very  prejudicial  to  him  and  his  people  if  he  should  any 
longer  suffer  such  great  losses  and  injuries  to  be  winked  at, 
and  thereupon  being  willing  to  maintain  and  defend  the 
monasteries,  priories,  and  other  religious  houses  erected  in 
his  kingdom,  and  in  the  lands  subject  to  his  dominion,  ac- 
cording to  the  will  and  pious  wishes  of  the  founders,  and 
from  henceforth  to  provide  sufficient  remedy  to  reform  such 
oppressions,  as  he  is  bound,  by  the  counsel  of  his  earls, 
barons,  great  men,  and  other  the  nobles  and  the  commonalty 
of  his  realm,  in  his  parliament  holden  at  Westminster,  on  the 
Sunday  next  after  the  feast  of  St.  Matthias  the  Apostle,  in 
the  three-and-thirtieth  year  of  his  reign,  ordained  and  en- 
acted as  follows : 

"That  no  abbot,  prior,  master,  warden,  nor  any  other 
religious  person,  of  whatsoever  condition,  state,  or  religion 
he  be,  appointed  under  his  power  or  jurisdiction,  shall  by 
himself,  or  by  merchants  or  others,  secretly  or  openly,  by  any 
art  or  device,  carry  or  send,  or  by  any  means  cause  to  be 
carried,  any  tax  imposed  by  their  superiors,  abbots,  priors, 
masters  or  wardens  of  religious  houses  or  places,  or  in  any 
way  assessed  among  themselves,  out  of  his  kingdom  and 
dominion,  under  the  name  of  a  rent,  tallage,  tribute,  or  any 
kind  of  imposition,  or  otherwise  in  the  name  of  exchange, 
sale,  loan,  or  other  contract  howsoever  it  may  be  termed; 
neither  shall  himself  depart  into  any  other  country  for  visi- 
tation or,  upon  any  other  colour,  by  that  means  to  carry  the 
goods  of  their  monasteries  and  houses  out  of  the  kingdom 
and  dominion  aforesaid.  And  if  any  presume  to  offend  this 
present  statute,  he  shall  be  grievously  punished  according  to 
the  quality  of  his  offence,  and  according  to  his  contempt  of 
the  king's  prohibition. 

"Moreover,  our  said  lord  the  king  doth  inhibit  all  and  sin- 
gular abbots,  priors,  masters  and  governors  of  religious 
houses  and  places,  being  aliens,  to  whose  authority,  subjec- 
tion, and  obedience,  the  houses  of  the  same  orders  being  in 
his  kingdom  and  dominion  be  subject,  that  they  do  not  at  any 


192  SOURCE-BOOK  OF  ENGLISH  HISTORY 

time  hereafter  impose,  or  by  any  means  cause  to  be  assessed, 
any  tallages,  payments,  impositions,  tributes,  or  other  burdens 
whatsoever,  upon  any  of  the  monasteries,  priories,  or  other 
religious  houses  as  aforesaid  in  subjection  unto  them;  and 
this  upon  forfeiture  of  all  that  they  have  in  their  power,  and 
can  forfeit  in  future. 

"And  further,  our  lord  the  king  hath  ordained  and  estab- 
lished, that  the  abbots  of  the  orders  of  Cistcrcicnscs  and 
Prcmonstratcnscs,  and  other  religious  orders,  whose  seal 
hath  heretofore  been  used  to  remain  only  in  the  custody  of 
the  abbot,  and  not  of  the  convent,  shall  hereafter  have  a  com- 
mon seal,  and  shall  deposit  the  same  in  the  custody  of  the 
prior  of  the  monastery  or  house,  and  four  of  the  most  worthy 
and  discreet  men  of  the  convent  of  the  same  house,  to  be 
kept  under  the  private  seal  of  the  abbot  of  the  same  house ; 
so  that  the  abbot  or  prior  of  the  house  which  he  doth  govern, 
shall  not  be  able  of  himself  to  confirm  any  contract  or  obliga- 
tion, as  heretofore  he  hath  been  used  to  do.  And  if  it  hap- 
pen hereafter  that  any  writings  obligatory  of  donations, 
purchases,  sales,  alienations,  or  of  any  other  contracts,  be 
found  sealed  with  any  other  seal  than  such  a  common  seal, 
kept  as  is  aforesaid,  they  shall  be  adjudged  void  and  of  no 
force  in  law. 

"But  it  is  not  the  meaning  of  our  lord  the  king  to  exclude 
the  abbots,  priors,  and  other  religious  aliens,  by  the  ordinance 
and  statutes  aforesaid,  from  executing  their  office  of  visita- 
tion in  his  kingdom  and  dominion ;  but  that  they  may  visit 
at  their  pleasure,  by  themselves  or  others,  the  monasteries 
and  other  places  in  his  kingdom  and  dominion  aforesaid  in 
subjection  unto  them,  according  to  the  duty  of  their  office, 
in  those  things  only  that  belong  to  the  regular  observance 
and  the  discipline  of  their  order.  Provided,  that  they  which 
shall  execute  this  office  of  visitation,  shall  carry,  or  cause 
to  be  carried  out  of  the  kingdom  and  dominion  aforesaid, 
none  of  the  goods  or  things  of  such  monasteries,  priories,  and 
houses,  saving  only  their  reasonable  and  competent  charges. 

And  though  the  proclamation  and  publication  of  the  ordi- 
nance and  statutes  aforesaid  was  stayed  in  suspense,  from 
the  parliament  last  passed,  until  this  present  parliament 
holden  at  Carlisle  in  the  octaves  of  Saint  Hilary,  in  the 
five-and-thirtieth  year  of  the  reign  of  our  said  lord  King 
Edward,  for  certain  causes,  and  to  the  intent  they  might 
proceed  with  greater  deliberation  and  advice ;  our  lord  the 
king,  after  full  deliberation  and  conference  had  with  the 


THE  GROWTH  OF  LAW  193 

earls,  barons,  lords,  and  other  the  nobles  and  the  commonalty 
of  his  realm,  touching  the  premisses,  by  their  unanimous 
consent  and  agreement  hath  ordained  and  enacted,  that  the 
ordinance  and  statutes  aforesaid,  under  the  manner,  form, 
and  conditions  aforesaid,  from  the  first  day  of  May  next 
ensuing,  shall  thenceforth  be  inviolably  observed  and  in  force 
for  ever,  and  the  offenders  of  them  shall  thereafter.be  pun- 
ished as  is  aforesaid. 

(Edited  from  Statutes  of  the  Realm,  I,  150.) 

88.   The  Statute  of  "Quia  Emptores" 

(18  EDW.  I.,  1289-90) 

Statutes  at  Large 

The  feudal  lord  enjoyed  many  profitable  rights  in  the  property 
held  by  another  under  him.  He  obtained  certain  sums  from  the 
heir  who  was  of  full  age  at  the  death  of  his  father,  and  also 
profits  from  the  estates  of  minors  and  from  their  marriages. 
Not  only  was  his  ransom  paid,  if  he  were  taken  prisoner,  but 
when  his  son  became  a  knight  or  his  eldest  daughter  married, 
the  expenses  of  the  ceremonies  were  borne  by  his  tenants.  Be- 
sides all  this,  on  certain  contingencies  the  entire  estate  of  his 
vassals  became  his.  Prior  to  the  eighteenth  year  of  the  reign 
of  Edward  I.,  these  rights  had  been  seriously  impaired  by  the 
practice  of  subinfeudation,  or  subdivision  of  holdings.  To  ex- 
emplify this,  let  us  suppose  that  A.  held  lands  of  B.,  and  owed  him 
the  above-mentioned  rights.  If  A.  sold  part  of  his  lands  to  C., 
the  latter  would  owe  rights  to  A.,  and  not  to  B.  Thus  B.  would 
be  deprived  of  his  rights  over  the  lands  sold  to  C.  This  was  a 
direct  loss  to  the  lord,  and  the  statute  of  Quia  Emptores  was 
passed  to  prevent  its  occurrence.  By  the  provisions  of  this  en- 
actment, the  transfer  could  still  be  made,  but  C.  would  hold  of 
B.  instead  of  A.,  and  would  owe  the  rights  of  the  land  to  the 
former. 

THE    STATUTE   OF    WESTMINSTER   THE   THIRD: 
Or    QUIA    EMPTORES   TERRARUM 

CAP.    I 

Purchasers  shall  hold  of  the  chief  lord,  and  not  of  the 
Feoffor 

Forasmuch  as  purchasers  of  lands  and  tenements  of  the 
fees  of  great  men  and  others,  have  many  times  heretofore 
entered  into  their  fees,  to  the  prejudice  of  the  lords,  the  free- 
holders of  such  great  men  and  others  having  sold  such  lands 
and  tenements  to  be  holden  in  fee  by  such  purchasers  and 
their  heirs,  of  the  feoffors,  and  not  of  the  chief  lords  of  the 
fees,  whereby  the  same  chief  lords  have  many  times  lost  their 
escheats,  marriages,  and  wardships  of  lands  and  tenements 


194  SOURCE-BOOK  OF  ENGLISH  HISTORY 

belonging  to  their  fees;  which  thing  seemed  very  hard  and 
extreme  unto  those  great  men  and  other  lords,  and  moreover 
in  this  case  manifest  disheritance :  Our  lord  the  king,  in  his 
parliament  at  Westminster,  after  Easter,  the  eighteenth  year 
of  his  reign,  that  is  to  wit,  in  the  quinzime  of  Saint  John 
Baptist,  at  the  instance  of  the  great  men  of  his  realm,  hath 
granted,  'provided,  and  ordained,  that  from  henceforth  it 
shall  be  lawful  to  every  freeman  to  sell  at  his  own  pleasure 
his  lands  and  tenements,  or  part  thereof:  so  nevertheless  that 
the  feoffee  shall  hold  the  same  lands  or  tenements  of  the 
same  chief  lord  of  the  fee,  and  by  the  same  services  and  cus- 
toms as  his  feoffor  held  them  before. 

CAP.  II 

//  a  Tenant  sell  Part  of  his  Land,  the  Services  shall  be 
apportioned 

And  if  he  sell  any  part  of  such  his  lands  or  tenements  to 
any,  the  feoffee  shall  hold  that  immediately  of  the  chief  lord, 
and  shall  be  forthwith  charged  with  so  much  service  as  per- 
taineth,  or  ought  to  pertain  to  the  said  chief  lord  for  such 
part,  according  to  the  quantity  of  the  land  or  tenement  so 
sold.  And  so  in  this  case  for  the  same  part  of  the  service 
shall  remain  to  the  lord,  to  be  taken  by  the  hands  of  the 
feoffee,  for  the  which  he  ought  to  be  attendant  and  answer- 
able to  the  same  chief  lord,  according  to  the  quantity  of  the 
land  or  tenement  sold,  for  the  parcel  of  the  service  so  due. 

CAP.  Ill 

No  such  Feoffment  shall  be  made  to  assure  Land  in 
Mortmain 

And  it  is  to  be  understood,  that  by  the  said  sales  or  pur- 
chases of  lands  or  tenements  or  any  part  thereof,  such  lands 
or  tenements  shall  in  no  wise  come  into  Mortmain,  either  in 
part  or  in  whole,  any  way  by  craft  or  device,  contrary  to  the 
form  of  the  statute  made  thereupon  of  late.  And  it  is  to  be 
understood,  that  this  statute  extendeth  only  to  lands  sold  to 
be  holden  in  fee  simple ;  and  that  it  extendeth  to  the  time 
coming,  and  it  shall  begin  to  take  effect  at  the  feast  of  Saint 
Andrew  the  Apostle  next  coming. 

Given  the  eighteenth  year  of  the  reign  of  King  Edwaid, 
son  of  King  Henry. 

(Edited  from  Statutes  at  Large,  ed.  T.  D.  Tomlins,  Lond.,  1811,  I,  935.) 


THE  GROWTH  OF  LAW  19$ 

89.   Coronation  Oath  of  Edward  II. 

(1307) 

Statutes  of  the  Realm 

The  oath  of  Edward  II.  is  interesting  in  that  it  contains  the 
completed  fourfold  division  which  was  for  centuries  to  mark  the 
promise  of  the  king  upon  assuming  office.  Compare  the  corona- 
tion oaths  of  William  I.  (No.  45)  and  of  James  I.  (No.  144). 

CORONATION    OATH    OF    EDWARD    II. 

[Archbishop.]  Sire,  will  you  grant  and  observe,  and  by 
your  oath  confirm  to  the  people  of  England  the  laws  and 
customs  granted  to  them  by  the  ancient  kings  of  England, 
your  predecessors,  just  and  devoted  to  God;  and  especially 
the  laws  and  customs  and  franchises  granted  to  the  clergy 
and  to  the  people  by  the  glorious  king,  Saint  Edward,  your 
predecessor  ? 

[King.']     I  grant  them  and  promise  them. 

[Archbishop. ]  Sire,  will  you  keep  toward  God  and  holy 
church,  and  clergy  and  people,  entire  peace  and  concord  in 
God,  according  to  your  power? 

[King.]     I  will  keep  them. 

[Archbishop.']  Sire,  will  you  cause  to  be  made  in  all  your 
judgments  equal  and  right  justice  and  judgment,  in  mercy 
and  truth,  according  to  your  power? 

[King.]     I  will  do  it. 

[Archbishop.]  Sire,  do  you  grant  that  the  just  laws  and 
customs  will  be  observed  which  the  commonalty  of  your 
realm  have  chosen,  and  do  you  promise  to  protect  and  en- 
force them  to  the  honour  of  God,  according  to  your  power? 

[King.]     I  grant  and  promise  it. 

(Ed.  from  Statutes  of  the  Realm,  I,  168.) 

90.    A  Statute  of  Provisors 

(25  EDW.  Ill,  s.  5,  c.  22,  1352) 

Statutes  of  the  Realm 

The  Statute  De  Asportatis  Religiosorum,  passed  in  1306-7, 
was  followed  by  a  series  of  anti-papal  enactments,  the  first  of 
which  to  become  effective,  the  Statute  of  Provisors,  is  given 
below. 


Also  because  that  some  do  purchase  at  the  court  of  Rome 
provisions  to  have  abbeys  and  priories  in  England,  in  destruc- 
tion of  the  realm,  and  of  holy  religion ;  it  is  accorded  and  as- 
sented, that  every  man  that  purchaseth  such  provisions  of 


196  SOURCE-BOOK  OF  ENGLISH  HISTORY 

abbeys  or  priories,  that  he  and  his  executors  and  procurators 
which  do  sue  and  make  execution  of  such  provisions,  shall  be 
out  of  the  protection  of  our  lord  the  king ;  and  that  a  man 
may  do  with  him  as  an  enemy  of  the  king  and  the  realm ; 
and  he  that  doth  anything  against  such  provisors  in  body  or 
in  goods,  or  in  other  possessions,  shall  be  excused  against 
all  people,  and  shall  never  be  impeached  nor  grieved  for  the 
same  at  any  man's  suit. 

(Ed.  from  Statutes  of  the  Realm,  I,  323,  324.) 

91.   First  Statute  of  Treasons 

(25  EDW.  III.,  st.  5,  c.  2,  1352) 

Statutes  of  the  Realm 

The  crime  of  treason  has  always  been  visited  by  most  severe 
punishment,  but  prior  to  the  twenty-fifth  year  of  the  reign  of 
Edward  II.  these  punishments  were  not  fixed  by  statute.  Neither 
was  the  crime  of  treason  accurately  defined  and  determined. 
The  repeated  demand  that  this  crime  should  be  defined  and 
limits  set  to  its  punishment  passed  unheeded  until  the  following 
statute  was  passed  during  the  reign  of  Edward  III.  The  seven 
heads  of  treason  enumerated  by  this  Act  formed  the  basis  of  all 
subsequent  legislation  on  the  subject. 

A    STATUTE    OF    WESTMINSTER 

CAP.  II 
A  Declaration  which  Offences  shall  be  adjudged  Treason. 

Also,  whereas  divers  opinions  have  been  before  this  time 
in  what  case  treason  shall  be  said,  and  in  what  not;  the  king 
at  the  request  of  the  lords  and  of  the  commons,  hath  made 
the  declaration  following,  that  is  to  say ;  when  a  man  doth 
compass  or  imagine  the  death  of  our  lord  the  king;  or  of  our 
lady  his  consort,  or  of  their  eldest  son  and  heir;  or  if  a  man 
do  violate  the  king's  consort,  or  the  king's  eldest  daughter 
unmarried,  or  the  wife  of  the  king's  eldest  son  and  heir:  and 
if  a  man  do  levy  war  against  our  said  lord  the  king  in  his 
realm  or  be  adherent  to  the  enemies  of  our  lord  the  king  in 
his  realm,  giving  to  them  aid  and  comfort  in  the  realm,  or 
elsewhere ;  and  thereof  be  provably  attainted  of  open  deed 
by  the  people  of  their  condition.  And  if  a  man  counterfeit 
the  king's  great  or  privy  seal,  or  his  money;  and  if  a  man 
bring  false  money  into  this  realm,  counterfeit  to  the  money 
of  England,  as  the  money  called  Lushburgh,  or  other  like  to 
the  said  money  of  England,  knowing  the  money  to  be  false, 
to  merchandise,  or  make  payment,  in  deceit  of  our  said  lord 
the  king  and  of  his  people :  And  if  a  man  slay  the  chancellor, 


THE  GROWTH  OF  LAW  197 

treasurer,  or  the  king's  justices  of  the  one  bench  or  the  other, 
justices  in  eyre,  or  of  assise  and  all  other  justices  assigned 
to  hear  and  determine,  being  in  their  places,  doing  their 
offices.  And  it  is  to  be  understood,  that  in  the  cases  above 
rehearsed,  that  ought  to  be  judged  treason  which  extends  to 
our  lord  the  king,  and  his  royal  majesty:  And  of  such  manner 
of  treason  the  forfeiture  of  the  escheats  pertaineth  to  our 
sovereign  lord  the  king  as  well  of  the  lands  and  tenements 
holden  of  other  as  of  himself. 

And  moreover  there  is  another  manner  of  treason,  that  is 
to  say,  when  a  servant  slayeth  his  master,  or  a  wife  slayeth 
her  husband,  or  when  a  man,  secular  or  religious,  slayeth  his 
prelate,  to  whom  he  oweth  faith  and  obedience;  and  such 
manner  of  treason  giveth  forfeiture  of  the  escheats  to  every 
lord  of  his  own  fee. 

And  because  many  other  cases  of  like  treason  may  happen 
in  time  to  come,  which  a  man  cannot  think  nor  declare  at 
this  present  time;  It  is  accorded,  that  if  any  other  case, 
supposed  treason,  which  is  not  above  specified,  doth  happen 
anew  before  any  justices,  the  justices  shall  tarry  without 
going  to  judgment  of  treason,  till  the  cause  be  shown  before 
the  king  and  his  parliament,  and  it  be  declared  whether  it 
ought  to  be  judged  treason  or  other  felony. 

And  if  perchance  any  man  of  this  realm  ride  armed,  openly 
or  secretly,  with  men  of  arms  against  any  other,  to  slay  him, 
or  rob  him,  or  to  take  and  retain  him  till  he  hath  made  fine 
or  ransom  for  to  have  his  deliverance,  it  is  not  the  mind  of 
the  king  nor  his  council,  that  in  such  case  it  shall  be  judged 
treason ;  but  it  shall  be  judged  felony  or  trespas,  according 
to  the  law  of  the  land  of  old  time  used,  and  according  as  the 
case  requireth.  And  if  in  such  case,  or  other  like,  before 
this  time  any  justice  have  judged  treason,  and  for  this  cause 
the  lands  and  tenements  have  come  into  the  king's  hands  as 
forfeit,  the  chief  lords  of  the  fee  shall  have  their  escheats 
of  the  tenements  holden  of  them,  whether  that  the  same  tene- 
ments be  in  the  king's  hands,  or  in  others,  by  gift  or  in  other 
manner. 

Saving  always  to  our  lord  the  king  the  year,  and  the 
waste  and  the  other  forfeitures  of  chattels,  which  pertain 
to  him  in  the  cases  above  named:  and  that  Writs  of  Scire 
facias  be  granted  in  such  case  against  the  land-tenants  with- 
out other  original,  and  without  allowing  the  king's  protec- 
tion in  the  said  suit;  and  that  of  the  lands  which  be  in  the 
king's  hands,  Writs  be  granted  to  the  sheriffs  of  the  coun- 


198  SOURCE-BOOK  OF  EXGLISH  HISTORY 

tics  where  the  lands  be,  to  deliver  them  out  of  the  king's 
hands  without  delay. 

(Ed.  from  Statutes  of  the  Realm,  I,  320,  321.) 

92.    Second  Statute  of  Provisors 

(27  KDW.  III.,  s.  i,  1353) 

Statutes  of  the  Realm 

The  Statute  of  Provisors  of  1351  was  followed  by  that  of 
I353-  This  latter  had  the  same  special  purposes  of  preventing 
the  papal  court  from  compelling  the  attendance  of  Englishmen 
in  those  cases  where  that  court  claimed  jurisdiction  and  of 
strengthening  the  power  of  the  royal  courts.  The  opening  words 
of  the  statute  show  the  demand  which  caused  its  promulgation. 

A   STATUTE   OF    PROVISORS 

CAP.  I 

Prccmunire   for  suing   in   a   Foreign  Realm,   or  Impeaching 
of  Judgment  given 

First,  because  it  is  showed  to  our  said  lord  the  king,  by  the 
grievous  and  clamorous  complaints  of  the  great  men  and 
commons  aforesaid,  how  that  divers  of  the  people  be,  and 
have  been  drawn  out  of  the  realm  to  answer  of  things, 
whereof  the  cognizance  pcrtaineth  to  the  king's  Court;  and 
also  that  the  judgments  given  in  the  same  court  be  im- 
peached in  another's  court,  in  prejudice  and  disherison  of 
our  lord  the  king,  and  of  his  crown,  and  of  all  the  people  of 
his  said  realm,  and  to  the  undoing  and  destruction  of  the 
common  law  of  the  same  realm  at  all  times  used :  Where- 
upon, good  deliberation  being  had  with  the  great  men  and 
other  of  his  said  council,  it  is  assented  and  accorded  by  our 
said  lord  the  king,  and  the  great  men  and  commons  afore- 
said, that  all  the  people  of  the  king's  ligeance,  of  what  con- 
dition soever  they  may  be,  which  shall  draw  any  out  of  the 
realm,  in  plea  whereof  the  cognizance  pertaineth  to  the 
king's  court,  or  of  things  whereof  judgments  be  given  in  the 
king's  court,  or  which  do  sue  in  the  court  of  any  other,  to 
defeat  or  impeach  the  judgments  given  in  the  king's  court, 
shall  have  a  day,  containing  the  space  of  two  months,  by 
warning  to  be  made  to  them  in  the  place  where  the  pos- 
sessions be,  which  be  in  debate,  or  otherwise  where  they 
have  lands  or  other  possessions,  by  the  sheriff  or  other  the 
king's  minister,  to  appear  before  the  king  and  his  council, 
or  in  his  chancery,  or  before  the  king's  justices  in  his  courts 
of  the  one  bench  or  the  other,  or  before  other  the  king's 
justices  which  to  the  same  shall  be  deputed,  to  answer  in 


THE  GROWTH  OF  LAW  199 

their  proper  person  to  the  king,  of  the  contempt  done  in 
this  behalf.  And  if  they  come  not  at  the  said  day  in  their 
proper  person  to  be  at  the  law,  they,  their  procurators, 
attornies,  executors,  notaries,  and  maintainers,  shall  from 
that  day  forth  be  put  out  of  the  king's  protection,  and  their 
lands,  goods,  and  chattels  forfeit  to  the  king,  and  their 
bodies,  wheresoever  they  may  be  found,  shall  be  taken  and 
imprisoned,  and  ransomed  at  the  king's  will :  And  there- 
upon a  writ  shall  be  made  to  take  them  by  their  bodies,  and 
to  seize  their  lands,  goods,  and  possessions,  into  the  king's 
hands;  and  if  it  be  returned,  that  they  be  not  found,  they 
shall  be  put  in  exigent,  and  outlawed. 

Provided  always,  that  whenever  'they  come  at  any  time 
before  they  be  outlawed,  and  will  yield  them  to  the  king's 
prison,  to  be  judged  by  the  law,  and  to  receive  that  which 
the  court  shall  award  in  this  behalf,  that  they  shall  be  thereto 
received;  the  forfeiture  of  lands,  goods,  and  chattels  abiding 
in  force,  if  they  do  not  yield  them  within  the  said  two 
months,  aforesaid. 

(Ed.  from  Statutes  of  the  Realm,  \,  329,  330  ) 

93.   The  Great  Statute  of  Praemunire 

(16  Rich.  II.,  c.  5,  1393) 

Statutes  of  the  Realm 

The  contest  between  pope  and  king,  begun  in  the  reign  of 
Edward  I.  and  continued  through  successive  reigns  by  means  of 
the  anti-papal  statutes,  was  brought  to  a  close  by  the  action  of 
Pope  Boniface  IV.  in  1391.  This  prelate  declared  Acts  of  Par- 
liament contravening  papal  rights  to  be  void,  and  he  denied  the 
right  of  the  Crown  to  present  to  benefices.  The  people  of  Eng- 
land rallied  to  the  support  of  the  cause  of  the  king,  and  in  the 
"Great  Statute  of  Prsemunire"  (16  Rich.  II.,  c.  5,  1392)  every 
estate  of  the  realm  pledged  its  support  to  Richard  II.  This 
Statute  of  Praemunire  was  the  most  effective  of  the  so-called 
anti-papal  statutes. 

Also,  whereas  the  Commons  of  the  realm  in  this  present 
Parliament  have  showed  to  our  redoubted  lord  the  king, 
grievously  complaining,  that  whereas  our  said  lord  the  king 
and  all  his  liege  people  ought  of  right  and  of  old  were  wont 
to  sue  in  the  king's  court,  to  recover  their  presentations  to 
churches,  prebends,  and  other  benefices  of  Holy  Church  to  the 
which  they  had  right  to  present,  the  cognizance  of  plea  of 
which  presentment  belongeth  only  to  the  king's  court  of  the 
old  right  of  his  crown,  used  and  approved  in  the  time  of  all 
his  progenitors,  kings  of  England;  and  when  judgment  is 
given  in  the  said  court  upon  such  a  plea  and  presentment,  the 


200  SOURCE-BOOK  OF  ENGLISH  HISTORY 

archbishops,  bishops,  and  other  spiritual  persons  who  have 
institution  of  such  benefices  within  their  jurisdiction  be 
bound,  and  have  made  execution  of  such  judgments  by  the 
king's  commandments,  of  all  the  time  aforesaid  without  in- 
terruption, for  a  lay  person  cannot  make  such  execution, 
and  also  be  bound  of  right  to  make  execution  of  many  other 
of  the  king's  commandments,  of  which  right  the  crown  of 
England  hath  been  peaceably  seized,  as  well  in  the  time  of 
our  lord  the  king  that  now  is,  as  in  the  time  of  all  his  pro- 
genitors till  this  day. 

But  now  of  late  divers  processes  be  made  by  the  Holy 
Father,  the  Pope,  and  censures  of  excommunication  upon  cer- 
tain bishops  of  England,  because  they  had  made  execution 
of  such  commandments,  in  open  disherison  of  the  said  crown 
and  destruction  of  the  regalty  of  our  said  lord  the  king, 
his  law,  and  all  his  realm,  if  remedy  be  not  provided.  And 
also  it  is  said  and  a  common  clamour  is  made  that  the  said 
Holy  Father,  the  Pope,  hath  ordained  and  purposed  to 
translate  some  prelates  of  the  said  realm,  some  out  of  the 
realm,  and  some  from  one  bishopric  into  another  within  the 
said  realm,  without  the  assent  and  knowledge  of  our  lord  the 
king,  and  without  the  assent  of  the  prelate  who  should  be  so 
translated,  which  prelates  be  very  profitable  and  necessary 
to  our  said  lord  the  king,  and  to  all  his  realm;  by  which 
translations,  if  they  should  be  suffered,  the  statutes  of  the 
realm  would  be  defeated  and  made  void;  and  his  wise  lieges 
of  his  council,  without  his  assent  and  against  his  will  carried 
away  and  removed  out  of  his  realm  and  the  substance  and 
treasure  of  the  realm  would  be  carried  away,  and  so  the  said 
realm  destitute  as  well  of  council  as  of  substance,  to  the 
final  destruction  of  the  said  realm ;  and  so  the  crown  of  Eng- 
land which  hath  been  so  free  at  all  times  that  it  hath  not 
been  in  subjection  to  earthly  sovereign,  but  is  immediately 
subject  to  God  in  all  things  touching  the  regalty  of  the  same 
crown,  and  to  none  other,  would  be  submitted  to  the  Pope, 
and  the  laws  and  statutes  of  the  realm  by  him  defeated  and 
annulled  at  his  will,  in  perpetual  destruction  of  the  sover- 
eignty of  the  king  our  lord,  his  crown,  his  regalty,  and  of  all 
his  realm,  which  God  forbid. 

And  moreover,  the  Commons  aforesaid  say,  that  the  said 
things  so  attempted  be  clearly  against  the  king's  crown  and 
his  regalty,  used  and  approved  in  the  time  of  all  his  pro- 
genitors ;  wherefore,  they  and  all  the  liege  commons  of  the 
said  realm  will  stand  with  our  said  lord  the  king,  and  his 


THE  GROWTH  OF  LAW  201 

said  crown  and  his  regalty,  in  the  cases  aforesaid,  and  in  all 
other  cases  attempted  against  him,  his  crown,  and  his  regalty 
in  all  points,  to  live  and  to  die;  and  moreover,  they  prayed 
our  said  lord  the  king,  and  required  him,  by  way  of  justice, 
that  he  would  examine  all  the  lords  in  Parliament,  as  well 
spiritual  as  temporal  severally,  and  all  the  estates  of  the 
Parliament,  how  they  think  of  the  cases  aforesaid,  which  be 
so  openly  against  the  king's  crown,  and  in  derogation  of  his 
regalty,  and  how  they  will  stand  in  the  same  cases  with  our 
lord  the  king  in  upholding  the  rights  of  the  said  crown  and 
regalty.  Whereupon,  the  lords  temporal  so  demanded  have 
answered  every  one  by  himself,  that  the  cases  aforesaid  be 
clearly  in  derogation  of  the  king's  crown  and  of  his  regalty, 
as  is  notoriously,  and  hath  been  of  all  time  known,  and  that 
they  will  stand  with  the  same  crown  and  regalty,  in  these 
cases  specially,  and  in  all  other  cases  which  shall  be  at- 
tempted against  the  said  crown  and  regalty  in  all  points, 
with  all  their  power. 

And,  moreover,  it  was  demanded  of  the  lords  spiritual 
there  being,  and  the  procurators  of  others  being  absent,  their 
advice  and  will  in  these  cases;  which  lords,  that  is  to  say, 
the  archbishops,  bishops,  and  other  prelates,  being  in  the  said 
Parliament  severally  examined,  making  protestations  that  it 
is  not  their  intention  to  deny  nor  to  affirm  that  our  Holy 
Father,  the  Pope,  may  not  excommunicate  bishops  nor  that 
he  may  not  make  translations  of  prelates  according  to  the  law 
of  Holy  Church ;  answered  and  said,  that  if  any  executions 
of  processes  made  in  the  king's  court,  as  before,  be  made  by 
any,  and  censures  of  excommunications  be  made  against  any 
bishops  of  England,  or  any  other  of  the  king's  liege  people, 
for  that  they  have  made  execution  of  such  commandments, 
and  that  if  any  executions  of  such  translations  be  made  of 
any  prelates  of  the  same  realm,  which  prelates  be  very 
profitable  and  necessary  to  our  said  lord  the  king,  and  to 
his  said  realm,  or  that  his  wise  lieges  of  his  council,  without 
his  assent  and  against  his  will,  be  removed  and  carried  out 
of  the  realm,  so  that  the  substance  and  treasure  of  the  realm 
may  be  destroyed,  that  the  same  is  against  the  king  and  his 
crown,  as  is  contained  in  the  petition  before  named.  And 
likewise  the  said  procurators,  every  one  by  himself  examined 
upon  the  said  matters,  have  answered  and  said,  in  the  name 
and  for  their  lords,  as  the  said  bishops  have  said  and  an- 
swered; and  that  the  said  lords  spiritual  will  and  ought  to 
Stand  with  our  lord  the  king  in  these  cases  loyally  in  main- 


202  SOURCE-BOOK  OF  ENGLISH  HISTORY 

tcnancc  of  his  crown,  and  in  all  other  cases  touching  his 
crown  and  regally,  as  they  are  bound  by  their  allegiance. 
Whereupon,  our  said  lord  the  king,  with  the  assent  afore- 
said, and  at  the  request  of  his  said  Commons,  hath  ordained 
and  established;  that  if  any  do  purchase  or  pursue,  or  cause 
to  be  purchased  or  pursued  in  the  court  of  Rome  or  else- 
where any  such  translations,  processes,  and  sentences  of 
excommunications,  bulls,  instruments,  or  any  other  thing 
whatsoever  which  touches  our  lord  the  king,  against  him, 
his  crown  and  regalty,  or  his  realm,  as  is  aforesaid,  and 
those  who  bring  the  same  within  the  realm,  or  receive  them, 
or  make  thereof  notification,  or  any  other  execution  what- 
soever, within  the  said  realm  or  without;  that  they,  their 
notaries,  procurators,  maintainers,  abbetors,  favorers,  and 
counsellors,  shall  be  put  out  of  the  protection  of  our  said 
lord  the  king,  and  their  lands  and  tenements,  goods  and 
chattels,  shall  be  forfeited  to  our  lord  the  king;  and  that 
they  shall  be  attached  by  their  bodies,  if  they  may  be  found, 
and  brought  before  the  king  and  his  council,  there  to  an- 
swer to  the  cases  aforesaid,  or  that  process  be  made  against 
them  by  prccmnnirc  facias,  in  manner  as  it  is  ordained  in 
other  statutes  of  provisors  and  others  who  sue  in  the  court 
of  any  other,  in  derogation  of  the  regalty  of  our  lord  the 
king. 

(Ed.  from  Statutes  of  the  Realm,  II,  84.) 


CHAPTER   XII 

THE   BLACK   DEATH 


94.    Spread  of  the  Plague 

Knighton 

In  the  fourteenth  .century  England  had  entered  upon  an  era 
of  progress.  This  was  brought  to  an  abrupt  close  by  the 
scourge  known  to  history  as  the  Black  Death.  This  pestilence 
swept  away  half  of  the  entire  population  of  the  country.  Its 
force  was  most  severely  expended  upon  the  poor,  whose  suffer- 
ings were  so  great  as  to  drive  them  well-nigh  to  desperation. 
Yet  neither  did  the  Death  spare  the  rich.  It  invaded  the  royal 
palace,  and  the  king's  daughter  fell  a  victim ;  it  entered  the 
cathedral  town  of  Canterbury,  and  in  one  year  three  archbishops 
died.  The  Black  Death  had  more  than  physical  results ;  it  led 
to  political  disturbances,  it  caused  great  agrarian  changes,  and  it 
even  impared  the  work  of  the  Church  by  decimating  its  priest- 
hood and  giving  rise  to  murmurs  against  its  teachings. 

Then  the  grievous  plague  penetrated  the  sea-coasts  from 
Southampton,  and  came  to  Bristol,  and  there  almost  the 
whole  strength  of  the  town  died,  struck  as  it  were  by  sudden 
death;  for  there  were  few  who  kept  their  beds  more  than 
three  days,  or  two  days,  or  half  a  day;  and  after  this  the 
fell  death  broke  forth  on  every  side  with  the  course  of  the 
sun.  There  died  at  Leicester  in  the  small  parish  of  S. 
Leonard  more  than  380 ;  in  the  parish  of  Holy  Cross  more 
than  400;  in  the  parish  of  S.  Margaret  of  Leicester  more 
than  700 ;  and  so  in  each  parish  a  great  number.  Then  the 
bishop  of  Lincoln  sent  through  the  whole  bishopric,  and 
gave  general  power  to  all  and  every  priest,  both  regular  and 
secular,  to  hear  confessions,  and  absolve  with  full  and  en- 
tire episcopal  authority  except  in  matters  of  debt,  in  which 
case  the  dying  man,  if  he  could,  should  pay  the  debt  while 
he  lived,  or  .others  should  certainly  fulfil  that  duty  from  his 
property  after  his  death.  Likewise,  the  pope  granted  full 
remission  of  all  sins  to  whoever  was  absolved  in  peril  of 
death,  and  granted  that  this  power  should  last  till  next 
,  Easter,  and  everyone  could  choose  a  •  confessor  at  his  will. 

203 


204  SOURCE-BOOK  OF  ENGLISH  HISTORY 

In  the  same  year  there  was  a  great  plague  of  sheep  every- 
where in  the  realm,  so  that  in  one  place  there  died  in  one 
pasturage  more  than  5,000  sheep,  and  so  rotted  that  neither 
beast  nor  bird  would  touch  them.  And  there  were  small 
prices  for  everything  on  account  of  the  fear  of  death.  For 
there  were  very  few  who  cared  about  riches  or  anything 
else.  For  a  man  could  have  a  horse,  which  before  was 
worth  403.,  for  6s.  8d.,  a  fat  ox  for  45.,  a  cow  for  I2d.,  a 
heifer  for  6d.,  a  fat  wether  for  4cl.,  a  sheep  for  3d.,  a  lamb 
for  2d.,  a  big  pig  for  5d.,  a  stone  of  wool  for  yd.  Sheep 
and  cattle  went  wandering  over  fields  and  through  crops. 
and  there  was  no  one  to  go  and  drive  or  gather  them,  so 
that  the  number  cannot  be  reckoned  wPlich  perished  in  the 
ditches  in  every  district,  for  lack  of  herdsmen ;  for  there 
was  such  a  lack  of  servants  that  no  one  knew  what  he  ought 
to  do.  In  the  following  autumn  no  one  could  get  a  reaper 
for  less  than  8d.  with  his  food,  a  mower  for  less  than  I2d. 
with  his  food.  Wherefore  many  crops  perished  in  the  fields 
for  want  of  some  one  to  gather  them ;  but  in  the  pestilence 
year,  as  is  above  said  of  other  things,  there  was  such  abun- 
dance of  all  kinds  of  corn  that  no  one  much  troubled  about  it. 
The  Scots,  hearing  of  the  cruel  pestilence  of  the  English, 
believed  it  had  come  to  them  from  the  avenging  hand  of 
God,  and  —  as  it  was  commonly  reported  in  England  —  took 
for  their  oath  when  they  wanted  to  swear:  "By  the  foul 
death  of  England."  But  when  the  Scots,  believing  that  the 
English  were  under  the  shadow  of  the  dread  vengeance  of 
God,  came  together  in  the  forest  of  Selkirk,  with  purpose 
to  invade  the  whole  realm  of  England,  the  fell  mortality 
came  upon  them,  and  the  sudden  and  awful  cruelty  of  death 
winnowed  them,  so  that  about  5,000  died  in  a  short  time. 
Then  the  rest,  some  feeble,  some  strong,  determined  to  re- 
turn home,  but  the  English  followed  and  overtook  them  and 
killed  many  of  them. 

Master  Thomas  of  Bradwardine  was  consecrated  by  the 
pope  archbishop  of  Canterbury,  and  when  he  returned  to 
England  he  came  to  London,  but  within  two  days  was  dead. 
He  was  famous  beyond  all  other  clerks  in  the  whole  of 
Christendom,  especially  in  theology,  but  likewise  in  the 
other  liberal  sciences.  At  the  same  time  priests  were  in 
such  poverty  everywhere  that  many  churches  were  widowed 
and  lacking  the  divine  offices,  masses,  mattins,  vespers, 
sacraments,  and  other  rites.  A  man  could  scarcely  get  a 
chaplain  under  £10  or  10  marks  to  minister  to  a  church.  And 


THE  BLACK  DEATH  205 

when  a  man  could  get  a  chaplain  for  5  or  4  marks  or  even 
for  2  marks  with  his  food  when  there  was  an  abundance  of 
priests  before  the  pestilence,  there  was  scarcely  anyone  now 
who  was  willing  to  accept  a  vicarage  for  £20  or  20  marks ; 
but  within  a  short  time  a  very  great  multitude  of  those 
whose  wives  had  died  in  the  pestilence  flocked  into  orders, 
of  whom  many  were  illiterate  and  little  more  than  laymen, 
except  so  far  as  they  knew  how  to  read  although  they  could 
not  understand. 

Meanwhile  the  king  sent  proclamation  into  all  the  coun- 
ties that  reapers  and  other  labourers  should  not  take  more 
than  they  had  been  accustomed  to  take,  under  the  penalty 
appointed  by  statute.  But  the  labourers  were  so  lifted  up 
and  obstinate  that  they  would  not  listen  to  the  king's  com- 
mand, but  if  anyone  wished  to  have  them  he  had  to  give 
them  what  they  wanted,  and  either  lose  his  fruit  and  crops, 
or  satisfy  the  lofty  and  covetous  wishes  of  the  workmen. 
And  when  it  was  known  to  the  king  that  they  had  not 
observed  his  command,  and  had  given  greater  wages  to  the 
labourers,  he  levied  heavy  fines  upon  abbots,  priors,  knights, 
greater  and  lesser,  and  other  great  folk  and  small  folk  of 
the  realm,  of  some  iocs.,  of  some  403.,  of  some  205.,  from 
each  according  to  what  he  could  give.  He  took  from  each 
carucate  of  the  realm  2os.,  and,  notwithstanding  this,  a 
fifteenth.  And  afterwards  the  king  had  many  labourers 
arrested,  and  sent  them  to  prison;  many  withdrew  them- 
selves and  went  into  the  forests  and  woods ;  and  those  who 
were  taken  were  heavily  fined.  Their  ringleaders  were 
made  to  swear  that  they  would  not  take  daily  wages  beyond 
the  ancient  custom,  and  then  were  freed  from  prison.  And 
in  like  manner  was  done  with  the  other  craftsmen  in  the 
boroughs  and  villages . . .  After  the  aforesaid  pestilence, 
many  buildings,  great  and  small,  fell  into  ruins  in  every 
city,  borough,  and  village  for  lack  of  inhabitants,  likewise 
many  villages  and  hamlets  became  desolate,  not  a  house 
being  left  in  them,  all  having  died  who  dwelt  there;  and  it 
was  probable  that  many  such  villages  would  never  be  in- 
habited. In  the  winter  following  there  was  such  a  want  of 
servants  in  work  of  all  kinds,  that  one  would  scarcely  be- 
lieve that  in  times  past  there  had  been  such  a  lack . . .  And 
so  all  necessaries  became  so  much  dearer  that  what  in  times 
past  had  been  worth  a  penny,  was  then  worth  4d.  or  5d. 

Magnates  and  lesser  lords  of  the  realm  who  had  tenants 
made  abatements  of  the  rent  in  order  that  the  tenants  should 


206  SOL'RCli-BOOK  OF  ENGLISH  HISTORY 

not  go  away  on  account  of  tke  want  of  servants  and  the 
general  clearness,  some  half  the  rent,  some  more,  some  less, 
some  for  two  years,  some  for  three,  some  for  one  year,  ac- 
cording as  they  could  agree  with  them.  Likewise,  those  who 
received  of  their  tenants  daywork  throughout  the  year,  as  is 
the  practice  with  villeins,  had  to  give  them  more  leisure,  and 
remit  such  works,  and  either  entirely  to  free  them,  or  give 
them  an  easier  tenure  at  a  small  rent,  so  that  the  homes  should 
not  be  everywhere  irrecoverably  ruined,  and  the  land  every- 
where remain  entirely  uncultivated. 

(From  Edward  III  and  his  Wars,  ed.  W.  J.  Ashley,  Lend.  1887.     p.  122.) 

95.   The  Statute  of  Labourers 

Statutes  of  the  Realm 

The  existing  relations  of  master  and  servant  were  disorganized 
by  the  Black  Death.  The  demand  for  labour  so  far  exceeded  the 
supply  that  wages  rose  to  a  figure  hitherto  unknown.  Unable, 
or  unwilling,  to  pay  the  wages  demanded ;  alarmed  at  the  new 
tendency  of  labour  to  seek,  regardless  of  habitation,  a  market 
where  the  return  was  highest ;  exasperated  by  the  disregard 
paid  by  the  bondmen  to  the  ties  of  villeinage,  the  employers 
sought  and  secured  harsh  and  far-reaching  legislation  in  control 
of  labour.  A  specimen  of  these  enactments  is  given  below ;  for 
further  examples,  consult  Statutes  of  the  Realm,  Vol.  I. 

Edward  by  the  grace  of  God,  etc.,  to  the  Reverend  Father 
in  Christ,  William,  by  the  same  grace  Archbishop  of  Canter- 
bury, Primate  of  all  England,  greeting.  Because  a  great 
part  of  the  people,  and  especially  of  workmen  and  serv- 
ants, have  lately  died  of  the  pestilence,  many  seeing  the 
necessities  of  masters  and  great  scarcity  of  servants,  will 
not  serve  unless  they  may  receive  excessive  wages,  and 
others  preferring  to  beg  in  idleness  rather  than  by  labour 
to  get  their  living;  we,  considering  the  grievous  incom- 
modities  which  of  the  lack  especially  of  ploughmen  and  such 
labourers  may  hereafter  come,  have  upon  deliberation  and 
treaty  with  the  prelates  and  the  nobles  and  learned  men 
assisting  us,  with  their  unanimous  counsel  ordained: 

That  every  man  and  woman  of  our  realm  of  England,  of 
what  condition  he  be,  free  or  bond,  able  in  body,  and  within 
the  age  of  sixty  years,  not  living  in  merchandize,  nor  exer- 
cising any  craft,  nor  having  of  his  own  whereof  he  may  live, 
nor  land  of  his  own  about  whose  tillage  he  may  occupy 
himself,  and  not  serving  any  other;  if  he  be  required  to 
serve  in  suitable  service,  his  estate  considered,  he  shall  be 
bound  to  serve  him  who  shall  so  require  him ;  and  take 


THE  BLACK  DEATH  203 

only  the  wages,  livery,  meed,  or  salary  which  were  ac- 
customed to  be  given  in  the  places  where  he  oweth  to  serve, 
the  twentieth  year  of  our  reign  of  England,  or  five  or  six 
other  common  years  next  before.  Provided  always,  that  the 
lords  be  preferred  before  others  in  their  bondmen  or  their 
land  tenants,  so  in  their  service  to  be  retained ;  so  that,  never- 
theless, the  said  lords  shall  retain  no  more  than  be  necessary 
for  them.  And  if  any  such  man  or  woman  being  so  re- 
quired to  serve  will  not  do  the  same,  and  that  be  proved  by 
two  true  men  before  the  sheriffs,  or  the  bailiffs  of  our  sov- 
ereign lord,  the  king,  or  the  constables  of  the  town  where  the 
same  shall  happen  to  be  done,  he  shall  immediately  be  taken 
by  them  or  any  of  them,  and  committed  to  the  next  gaol,  there 
to  remain  under  strait  keeping,  till  he  find  surety  to  serve  in 
the  form  aforesaid. 

If  any  reaper,  mower,  or  other  workman  or  servant,  of  what 
estate  or  condition  he  be,  retained  in  any  man's  service,  do 
depart  from  the  said  service  without  reasonable  cause  or 
license,  before  the  term  agreed,  he  shall  have  pain  of  im- 
prisonment ;  and  no  one,  under  the  same  penalty,  shall  pre- 
sume to  receive  or  retain  such  a  one  in  his  service. 

No  one,  moreover,  shall  pay  or  promise  to  pay  to  any  one 
more  wages,  liveries,  meed,  or  salary  than  was  accustomed, 
as  is  before  said;  nor  shall  any  one  in  any  other  manner 
demand  or  receive  them,  upon  pain  of  doubling  of  that  which 
shall  have  been  so  paid,  promised,  required  or  received,  to 
him  who  thereof  shall  feel  himself  aggrieved ;  and  if  none 
such  will  sue,  then  the  same  shall  be  applied  to  any  of  the 
people  that  will  sue ;  and  such  suit  shall  be  in  the  court  of 
the  lord  of  the  place  where  such  case  shall  happen. 

And  if  lords  of  towns  or  manors  presume  in  any  point  to 
come  against  this  present  ordinance,  either  by  them  or  by 
their  servants,  then  suit  shall  be  made  against  them  in  the 
form  aforesaid,  in  the  counties,  wapentakes,  and  tithings, 
or  such  courts  of  ours,  for  the  penalty  of  treble  that  so  paid 
or  promised  by  them  or  their  servants.  And  if  any  before 
this  present  ordinance  hath  covenanted  with  any  so  to  serve 
for  more  wages,  he  shall  not  be  bound,  by  reason  of  the  said 
covenant,  to  pay  more  than  at  another  time  was  wont  to  be 
paid  to  such  a  person;  nor,  under  the  same  penalty,  shall 
presume  to  pay  more. 

Also,  Saddlers,  skinners,  white-tawyers,  cordwainers,  tail- 
ors, smiths,  carpenters,  masons,  tilers,  shipwrights,  carters, 
and  all  other  artificers  and  workmen,  shall  not  take  for  their 
labou.r  and  workmanship  above  the  same  that  was  wont  to 


208  SOURCE-BOOK  OF  ENGLISH  HISTORY 

be  paid  to  such  persons  the  said  twentieth  year,  and  other 
common  years  next  preceding,  as  before  is  said,  in  the  place 
where  they  shall  happen  to  work ;  and  if  any  man  take  more 
he  shall  be  committed  to  the  next  gaol,  in  manner  as  before 
is  said. 

Also,  That  butchers,  fishmongers,  innkeepers,  brewers, 
bakers,  poulterers,  and  all  other  sellers  of  all  manner  of 
victuals  shall  be  bound  to  sell  the  same  victuals  for  a  reason- 
able price,  having  respect  to  the  price  that  such  victuals  be 
sold  at  in  the  places  adjoining,  so  that  the  same  sellers  have 
moderate  gains,  and  not  excessive,  reasonably  to  be  required 
according  to  the  distance  of  the  place  from  which  the  said 
victuals  be  carried;  and  if  any  sell  such  victuals  in  any 
other  manner,  and  thereof  be  convicted,  in  the  manner  and 
form  aforesaid,  he  shall  pay  the  double  of  the  same  that  he 
so  received  to  the  party  injured,  or  in  default  of  him,  to 
any  other  that  will  sue  in  this  behalf.  And  the  mayors, 
and  bailiffs  of  cities,  boroughs,  merchant  towns,  and  others, 
and  of  the  ports  and  maritime  places,  shall  have  power  to  in- 
quire of  all  and  singular,  which  shall  in  any  thing  offend 
against  this,  and  to  levy  the  said  penalty  to  the  use  of  them 
at  whose  suit  such  offenders  shall  be  convicted.  And  in  case 
that  the  same  mayors  and  bailiffs  be  negligent  in  doing  exe- 
cution of  the  premises,  and  thereof  be  convicted  before  our 
justices,  by  us  to  be  assigned,  then  the  same  mayors  and  bai- 
liffs shall  be  compelled  by  the  same  justices  to  pay  the  treble 
of  the  thing  so  sold  to  the  party  injured,  or  to  any  other,  in 
default  of  him,  that  will  sue;  and  nevertheless  toward  us  they 
shall  be  grievously  punished. 

And  because  that  many  strong  beggars,  as  long  as  they 
may  live  by  begging,  do  refuse  to  labour,  giving  themselves 
to  idleness  and  vice,  and  sometimes  to  theft  and  other  abom- 
inations; none  upon  the  said  pain  of  imprisonment,  shall, 
under  the  colour  of  pity  or  alms,  give  anything  to  such, 
which  may  labour,  or  presume  to  favour  them  in  their  idle- 
ness, so  that  thereby  they  may  be  compelled  to  labour  for 
their  necessary  living. 

(Ed.  from  Statutes  of  the  Realm,  I,  307,  306.) 


CHAPTER   XIII 

LOLLARDY 

96.    Wycliffite  Conclusions:  Ten  Condemned  as  Heretical  and 
Fourteen  as  Erroneous 

In  the  fourteenth  century  began  a  resistless  movement  against 
the  Catholic  Church.  This  movement  was  in  the  sixteenth  cen- 
tury to  end  in  the  establishment  of  Protestantism  in  England. 
The  movement  rolled  on  in  three  great  waves :  that  for  reform 
in  the  personal  behaviour  of  recreant  clerics ;  that  for  a  more 
Christian  life  among  the  laity ;  and  that  for  a  reformation  in 
doctrine.  The  great  leader  in  these  agitations  was  John  Wy- 
cliff,  and  the  Lollards  were  encouraged  and  directed  by  him 
and  his  "poor  priests."  As  the  central  figure  in  the  Lollard 
movement,  it  is  fitting  that  there  should  be  given  Wycliff's 
doctrinal  conclusions,  the  Bull  of  Pope  Gregory  against  him, 
and  his  reply  to  the  summons  to  appear  at  Rome. 

I.  —  That  the  material  substance  of  bread  and  of  wine  re- 
mains, after  the  consecration,  in  the  sacrament  of  the  altar. 

II.  —  That  the  accidents  do  not  remain  without  the  sub- 
ject, after  the  consecration,  in  the  same  sacrament. 

III.  —  That  Christ  is  not  in  the  sacrament  of  the  altar 
identically,  truly  and  really  in  his  proper  corporal  presence. 

IV.  —  That  if  a  bishop  or  priest  lives  in  mortal  sin  he  does 
not  ordain,  or  consecrate,  or  baptize. 

V.  —  That  if  a  man  has  been  truly  repentant,  all  external 
confession  is  superfluous  to  him,  or  useless. 

VI.  —  Continually  to  assert  that  it  is  not  founded  in  the 
gospel  that  Christ  instituted  the  mass. 

VII.  —  That  God  ought  to  be  obedient  to  the  devil. 

VIII.  —  That  if  the  pope   is   foreordained  to  destruction 
and  a  wicked  man,  and  therefore  a  member  of  the  devil,  no 
power  has  been  given  to  him  over  the  faithful  of  Christ  by 
any  one,  unless  perhaps  by  the  Emperor. 

IX.  —  That  since  Urban  the  Sixth,  no  one  is  to  be  acknowl- 
edged as  pope ;  but  all  are  to  live,  in  the  way  of  the  Greeks, 
under  their  own  laws. 

X.  —  To  assert  that  it  is  against  sacred  scripture  that  men 
of  the  church  should  have  temporal  possessions. 

209 


2io  SOURCE-BOOK  OP  ENGLISH  HISTORY 

XI.  —  That  no  prelate  ought  to  excommunicate  any  one 
unless  he   first  knows  that  the  man   is  excommunicated  by 
God. 

XII.  —  That  a  person  thus  excommunicating  is  thereby  a 
heretic  or  excommunicate. 

XIII.  —  That  a  prelate  excommunicating  a  clerk  who  has 
appealed  to  the  king,  or  to  a  council  of  the  kingdom,  on  that 
very  account  is  a  traitor  to  God,  the  king  and  the  kingdom. 

XIV.  —  That  those  who  neglect  to  preach,  or  to  hear  the 
word  of  God,  or  the  gospel  that  is  preached,  because  of  the 
excommunication    of   men,    are    excommunicate,    and    in    the 
day  of  judgment  will  be  considered  as  traitors  to  God. 

XV.  —  To  assert  that  it  is  allowed  to  any  one,  whether  a 
deacon  or  a  priest,  to  preach  the  word  of  God,  without  the 
authority  of  the  apostolic  see,  or  of  a  catholic  bishop,  or  some 
other  which  is  sufficiently  acknowledged. 

XVI.  —  To  assert  that  no  one  is  a  civil  lord,  no  one  is  a 
bishop,  no  one  is  a  prelate,  so  long  as  he  is  in  mortal  sin. 

XVII.  —  That  temporal  lords  may,  at  their  own  judgment, 
take  away  temporal  goods  from  churchmen  who  are  habit- 
ually delinquent;  or  that  the  people  may,  at  their  own  judg- 
ment, correct  delinquent  lords. 

XVIII.  —  That   tithes   are   purely   charity,    and   that   par- 
ishioners may,  on  account  of  the  sins  of  their  curates,  detain 
these  and  confer  them  on  others  at  their  will. 

XIX.  —  That    special    prayers    applied    to    one    person    by 
prelates  or  religious  persons,   are  of  no  more  value  to  the 
same  person  than  general  prayers  for  others  in  a  like  position 
are  to  him. 

XX.  —  That  the  very  fact  that  any  one  enters  upon  any 
orivate   religion   whatever,   renders   him   more   unfitted   and 
more  incapable  of  observing  the  commandments  of  God. 

XXI.  —  That  saints  who  have  instituted  any  private  reli- 
gions whatever,   as  well   of  those  having  possessions  as  of 
mendicants,  have  sinned  in  thus  instituting  them. 

XXII.  —  That  religious  persons  living  in  private  religions 
are  not  of  the  Christian  religion. 

XXIII.  —  That  friars  should  be  required  to  gain  their  liv- 
ing by  the  labour  of  their  hands  and  not  by  mendicancy. 

XXIV.  —  That   a   person   giving   alms   to   friars,   or   to   a 
preaching  friar,  is  excommunicate ;  also  the  one  receiving. 

(Fasciculi  Zizaniorum,  pp.  277-282.     Rolls  Series.     Translation  from 
Translations  and  Reprints,  ed.  cit.) 


LOLLARDY  2I1 

97.  Bull  of  Pope  Gregory  XI,  against  John  Wycliffc 

Gregory,  bishop,  servant  of  the  servants  of  God,  to  his  be- 
loved sons  the  chancellor  and  University  of  Oxford,  in  the 
diocese  of  Lincoln,  grace  and  apostolic  benediction. 

We  are  compelled  to  wonder  and  grieve  that  you,  who,  in 
consideration  of  the  favours  and  privileges  conceded  to  your 
University  of  Oxford  by  the  apostolic  s:e,  and  on  account  of 
your  familiarity  with  the  Scriptures,  in  whose  sea  you  navi- 
gate, by  the  gift  of  God,  with  auspicious  oar,  you,  who  ought 
to  be,  as  it  were,  warriors  and  champions  of  the  orthodox 
faith,  without  which  there  is  no  salvation  of  souls,  —  that 
you  through  a  certain  sloth  and  neglect  allow  tares  to  spring 
up  amidst  the  pure  wheat  in  the  fields  of  your  glorious  uni- 
versity aforesaid;  and  what  is  still  more  pernicious,  even 
continue  to  grow  to  maturity.  And  you  are  quite  careless, 
as  has  been  lately  reported  to  us,  as  to  the  extirpation  of 
these  tares ;  with  no  little  clouding  of  a  bright  name,  danger 
to  your  souls,  contempt  of  the  Roman  church,  and  injury  to 
the  faith  above  mentioned.  And  what  pains  us  the  more  is 
that  this  increase  of  the  tares  aforesaid  is  known  in  Rome 
before  the  remedy  of  extirpation  has  been  applied  in  England 
where  they  sprang  up.  By  the  insinuation  of  many,  if  they 
are  indeed  worthy  of  belief,  deploring  it  deeply,  it  has  come 
to  our  ears  that  John  de  Wycliffe,  rector  of  the  church  of 
Lutterworth,  in  the  diocese  of  Lincoln,  Professor  of  the 
Sacred  Scriptures,  (would  that  he  were  not  also  Master  of 
Errors,)  has  fallen  into  such  a  detestable  madness  that  he 
does  not  hesitate  to  dogmatize  and  publicly  preach,  or  rather 
vomit  forth  from  the  recesses  of  his  breast  certain  proposi- 
tions and  conclusions  which  are  erroneous  and  false.  He 
has  cast  himself  also  into  the  depravity  of  preaching  hereti- 
cal dogmas  which  strive  to  subvert  and  weaken  the  state  of 
the  whole  church  and  even  secular  polity,  some  of  which 
doctrines,  in  changed  terms,  it  is  true,  seem  to  express  the 
perverse  opinions  and  unlearned  learning  of  Marsilio  of 
Padua  of  cursed  memory,  and  of  John  of  Jandun,  whose  book 
is  extant,  rejected  and  cursed  by  our  predecessor,  Pope  John 
XXII,  of  happy  memory.  This  he  has  done  in  the  kingdom 
of  England,  lately  glorious  in  its  power  and  in  the  abundance 
of  its  resources,  but  more  glorious  still  in  the  glistening  piety 
of  its  faith,  and  in  the  distinction  of  its  sacred  learning ;  pro- 
ducing also  many  men  illustrious  for  their  exact  knowledge 
of  the  holy  Scriptures,  mature  in  the  gravity  of  their  char- 


212  SOURCE-BOOK  OF  ENGLISH  HISTORY 

acter,  conspicuous  in  devotion,  defenders  of  the  catholic 
church.  He  has  polluted  certain  of  the  faithful  of  Christ  hy 
besprinkling  them  with  these  doctrines,  and  led  them  away 
from  the  right  paths  of  the  aforesaid  faith  to  the  brink  of 
perdition. 

Wherefore,  since  we  are  not  willing,  nay,  indeed,  ought 
not  to  be  willing,  that  so  deadly  a  pestilence  should  continue 
to  exist  with  our  connivance,  a  pestilence  which,  if  it  is  not 
opposed  in  its  beginnings,  and  torn  out  by  the  roots  in  its 
entirety,  will  be  reached  too  late  by  medicines  when  it  has  in- 
fected very  many  with  its  contagion ;  we  command  your 
university  with  strict  admonition,  by  the  apostolic  authority, 
in  virtue  of  your  sacred  obedience,  and  under  penalty  of  the 
deprivation  of  all  the  favours,  indulgences,  and  privileges 
granted  to  you  and  your  university  by  the  said  see,  for  the 
future  not  to  permit  to  be  asserted  or  proposed  to  any  extent 
whatever,  the  opinions,  conclusions,  and  propositions  which 
are  in  variance  with  good  morals  and  faith,  even  when  those 
proposing  strive  to  defend  them  under  a  certain  fanciful 
wresting  of  words  or  of  terms.  Moreover,  you  are  on  our 
authority  to  arrest  the  said  John,  or  cause  him  to  be  arrested 
and  to  send  him  under  a  trustworthy  guard  to  our  venerable 
brother,  the  Archbishop  of  Canterbury,  and  the  Bishop  of 
London,  or  to  one  of  them. 

Besides,  if  there  should  be,  which  God  forbid,  in  your  uni- 
versity, subject  to  your  jurisdiction,  opponents  stained  with 
these  errors,  and  if  they  should  obstinately  persist  in  them, 
proceed  vigorously  and  earnestly  to  a  similar  arrest  and 
removal  of  them,  and  otherwise  as  shall  seem  good  to  you. 
Be  vigilant  to  repair  your  negligence  which  you  have 
hitherto  shown  in  the  premises,  and  so  obtain  our  gratitude 
and  favour,  and  that  of  the  said  see,  besides  the  honour  and 
reward  of  the  divine  recompense. 

Given  at  Rome,  at  Santa  Maria  Maggiore,  on  the  3ist  of 
May,  the  sixth  year  of  our  pontificate. 

(Fasciculi  Zizaniorum,  pp.  242-244.     Rolls  Series.    Translation  from 
Translations  and  Reprints,  ed.  cit.) 

98.    Reply  of  Wycliffe  to  a  Summons  from  the  Pope 

(1384) 

I  have  joy  fully  to  tell  what  I  hold,  to  all  true  men  that 
believe  and  especially  to  the  Pope;  for  I  suppose  that  if  my 
faith  be  rightful  and  given  of  God,  the  Pope  will  gladly  con- 


LOLLARDY  213 

firm  it;  and  if  my  faith  be  error,  the  Pope  will  wisely 
amend  it. 

I  suppose  over  this  that  the  gospel  of  Christ  be  heart  of  the 
corps  of  God's  law ;  for  I  believe  that  Jesus  Christ,  that  gave 
in  his  own  person  this  gospel,  is  very  God  and  very  man,  and 
by  this  heart  passes  all  other  laws. 

I  suppose  over  this  that  the  Pope  be  most  obliged  to  the 
keeping  of  the  gospel  among  all  men  that  live  here;  for  the 
Pope  is  highest  vicar  that  Christ  has  here  in  earth.  For 
moreness  of  Christ's  vicar  is  not  measured  by  worldly  more- 
ness,  but  by  this,  that  this  vicar  follows  more  Christ  by  vir- 
tuous living;  for  thus  teacheth  the  gospel,  that  this  is  the 
sentence  of  Christ. 

And  of  this  gospel  I  take  as  believe,  that  Christ  for  time 
that  he  walked  here,  was  most  poor  man  of  all,  both  in  spirit 
and  in  having ;  for  Christ  says  that  he  had  nought  for  to  rest 
his  head  on.  And  Paul  says  that  he  was  made  needy  for 
our  love.  And  more  poor  might  no  man  be,  neither  bodily 
nor  in  spirit.  And  thus  Christ  put  from  him  all  manner  of 
worldly  lordship.  For  the  gospel  of  John  telleth  that  when 
they  would  have  made  Christ  king,  he  fled  and  hid  him  from 
them,  for  he  would  none  such  worldly  highness. 

And  over  this  I  take  it  as  believe,  that  no  man  should  fol- 
low the  Pope,  nor  no  saint  that  now  is  in  heaven,  but  in  as 
much  as  he  follows  Christ.  For  John  and  James  erred  when 
they  coveted  worldly  highness;  and  Peter  and  Paul  sinned 
also  when  they  denied  and  blasphemed  in  Christ;  but  men 
should  not  follow  them  in  this,  for  then  they  went  from  Jesus 
Christ.  And  this  I  take  as  wholesome  counsel,  that  the  Pope 
leave  his  worldly  lordship  to  worldly  lords,  as  Christ  gave 
them,  —  and  more  speedily  all  his  clerks  to  do  so.  For  thus 
did  Christ,  and  taught  thus  his  disciples,  till  the  fiend  had 
blinded  this  world.  And  it  seems  to  some  men  that  clerks 
that  dwell  lastingly  in  this  error  against  God's  law,  and  flee 
to  follow  Christ  in  this,  been  open  heretics,  and  their  fautors 
been  partners. 

And  if  I  err  in  this  sentence,  I  will  meekly  be  amended, 
yea,  by  the  death,  if  it  be  skilful,  for  that  I  hope  were  good 
to  me.  And  if  I  might  travel  in  mine  own  person,  I  would 
with  good  will  go  to  the  Pope.  But  God  has  needed  me  to 
the  contrary,  and  taught  me  more  obedience  to  God  than  to 
men.  And  I  suppose  of  our  Pope  that  he  will  not  be  Anti- 
christ, and  reverse  Christ  in  this  working,  to  the  contrary  of 
Christ's  will ;  for  if  he  summon  against  reason,  by  him  or  by 


2i4          SOURCE-BOOK  OF  ENGLISH  HISTORY 

any  of  his,  and  pursue  this  unskilful  summoning,  he  is  an 
open  Antichrist.  And  merciful  intent  excused  not  Peter, 
that  Christ  should  not  clepe  him  Satan ;  so  blind  intent  and 
wicked  counsel  excuses  not  the  Pope  here;  but  if  he  ask  of 
true  priests  that  they  travel  more  than  they  may,  he  is  not 
excused  by  reason  of  God,  that  he  should  not  be  Antichrist. 
For  our  belief  teaches  us  that  our  blessed  God  suffers  us  not 
to  be  tempted  more  than  we  may ;  how  should  a  man  ask  such 
service?  And  therefore  pray  we  to  God  for  our  pope  Urban 
the  sixth,  that  his  old  holy  intent  be  not  quenched  by  his 
enemies.  And  Christ,  that  may  not  lie,  says  that  the  enemies 
of  a  man  been  especially  his  home  family;  and  this  is  sooth 
of  men  and  fiends. 

(Select  English  Works  ofWycliffe,  ed.  Arnold,  Lond.,  Ill,  504.) 
Spelling  modernized.) 

99.   De  Haeretico  Comburendo 

(2  HENRY  IV.,  1401) 

Statutes  of  the  Realm 

Henry  IV.,  a  devout  son  of  the  Catholic  Church,  by  the  advice 
of  Archbishop  Arundell  sought  to  stay  by  legislation  the  Lollard 
movement.  To  that  end  was  passed  in  1402  the  statute  De 
Hccrctico  Comburendo,  an  ordinance  resting  on  the  authority 
of  the  king  and  the  Lords,  as  the  Commons  were  distinctly 
opposed  to  the  line  of  policy  therein  outlined.  This  sweeping 
measure  was  the  first  enactment  prescribing  death  as  the 
punishment  for  heresy ;  but  before  its  passage,  even  in  England, 
death  by  burning  at  the  stake  had  under  the  Common  Law 
been  meted  out  to  heretics. 

Whereas,  it  is  shown  to  our  sovereign  lord  the  king  on  the 
behalf  of  the  prelates  and  clergy  of  his  realm  of  England  in 
this  present  Parliament,  that  although  the  Catholic  faith 
builded  upon  Christ,  and  by  his  apostles  and  the  Holy  Church 
sufficiently  determined,  declared  and  approved,  hath  been 
hitherto  by  good  and  holy  and  most  noble  progenitors  and 
predecessors  of  our  sovereign  lord  the  king  in  the  said  realm 
amongst  all  the  realms  of  the  world  most  devoutly  observed, 
and  the  Church  of  England  by  his  said  most  noble  progen- 
itors and  ancestors,  to  the  honour  of  God  and  the  whole 
realm  aforesaid  laudably  endowed  and  in  her  rights  and 
liberties  sustained,  without  that  the  same  faith  or  the  said 
church  was  hurt  or  grievously  oppressed,  or  else  perturbed 
by  any  perverse  doctrine  or  wicked,  heretical,  or  erroneous 
opinions.  Yet,  nevertheless,  divers  false  and  preverse  people 
of  a  certain  new  sect,  of  the  faith  of  the  sacraments  of  the 
church,  and  the  authority  of  the  same  damnably  thinking, 
and  against  the  law  of  God  and  of  the  Church  usurping  the 


LOLLARDY  215 

office  of  preaching,  do  perversely  and  maliciously  in  divers 
places  within  the  said  realm,  under  the  colour  of  dissembled 
holiness,  preach  and  teach  these  days  openly  and  privily 
divers  new  doctrines,  and  wicked  heretical  and  erroneous 
opinions  contrary  to  the  same  faith  and  blessed  determina- 
tions of  the  Holy  Church,  and  of  such  sect  and  wicked  doc- 
trine and  opinions  they  make  unlawful  conventicles  and  con- 
federacies, they  hold  and  exercise  schools,  they  make  and 
write  books,  they  do  wickedly  instruct  and  inform  people, 
and  as  much  as  they  may  excite  and  stir  them  to  sedition  and 
insurrection,  and  make  great  strife  and  division  among  the 
people,  and  other  enormities  horrible  to  be  heard  daily  do 
perpetrate  and  commit,  in  subversion  of  the  said  catholic 
faith  and  doctrine  of  the  holy  church,  in  diminution  of  divine 
worship,  and  also  in  destruction  of  the  estate,  rights,  and 
liberties  of  the  said  church  of  England;  by  which  sect  and 
wicked  and  false  preachings,  doctrines,  and  opinions  of  the 
said  false  and  perverse  people,  not  only  most  greatest  peril 
of  the  souls,  but  also  many  more  other  hurts,  slanders,  and 
perils,  which  God  prohibit,  might  come  to  this  realm,  unless 
it  be  the  more  plentifully  and  speedily  helped  by  the  king's 
majesty  in  this  behalf;  especially  since  the  diocesans  of  the 
said  realm  cannot  by  their  jurisdiction  spiritual,  without  aid 
of  the  said  royal  majesty,  sufficiently  correct  the  said  false 
and  perverse  people,  nor  refrain  their  malice,  because  the 
said  false  and  perverse  people  do  go  from  diocese  to  diocese 
and  will  not  appear  before  the  said  diocesans,  but  the  same 
diocesans  and  their  jurisdiction  spiritual,  and  the  keys  of  the 
church  with  the  censures  of  the  same,  do  utterly  condemn 
and  despise;  and  so  their  wicked  preachings  and  doctrines 
do  from  day  to  day  continue  and  exercise  to  the  utter  de- 
struction of  all  order  and  rule  of  right  and  reason.  Upon 
which  novelties  and  excesses  above  rehearsed,  the  prelates 
and  clergy  aforesaid,  and  also  the  Commons  of  the  said  realm 
being  in  the  same  Parliament,  have  prayed  our  sovereign 
lord  the  king  that  his  royal  highness  would  vouchsafe  in  the 
said  Parliament  to  provide  a  convenient  remedy.  The  same 
our  sovereign  lord  the  king,  graciously  considering  the 
premises,  and  also  the  laudable  steps  of  his  said  most  noble 
progenitors  and  ancestors,  for  the  conservation  of  the  said 
catholic  faith  and  sustentation  of  tfre  said  divine  worship,  and 
also  the  safeguard  of  the  estate,  rights  and  liberties  of  the 
said  church  of  England,  to  the  laud  of  God  and  merit  of  our 
said  sovereign  lord  the  king,  and  prosperity  and  honour  of 


:i 6  SOURCE-BOOK  Ol:  ENGLISH  HISTORY 

all  his  said  realm,  and  for  the  eschewing  of  such  dissensions, 
divisions,  hurts,  slanders,  and  perils,  in  time  to  come,  and  that 
this  wicked  sect,  preachings,  doctrines,  and  opinions,  should 
from  henceforth  cease  and  be  utterly  destroyed;  by  the 
assent  of  the  great  lords  and  other  noble  persons  of  the  said 
realm,  being  in  the  said  Parliament,  hath  granted,  stablished, 
and  ordained,  from  henceforth  firmly  to  be  observed,  that 
none  within  the  said  realm,  or  any  other  dominions  subject 
to  his  royal  majesty,  presume  to  preach  openly  or  privily, 
without  the  license  of  the  diocesan  of  the  same  place  first 
required  and  obtained,  curates  in  their  own  churches  and 
persons  hitherto  privileged,  and  other  of  the  canon  law 
granted,  only  excepted ;  nor  that  none  from  henceforth  any- 
thing preach,  hold,  teach,  or  instruct  openly  or  privily,  or 
make  or  write  any  book  contrary  to  the  catholic  faith  or 
determination  of  the  holy  church,  nor  of  such  sect  and  wicked 
doctrines  and  opinions  shall  make  any  conventicles,  or  in  any 
wise  hold  or  exercise  schools ;  and  also  that  none  from  hence- 
forth in  any  wise  favour  such  preacher  or  maker  of  any  such 
and  like  conventicles,  or  persons  holding  or  exercising 
schools,  or  making  or  writing  such  books,  or  so  teaching, 
informing,  or  exciting  the  people,  nor  any  of  them  maintain 
or  in  any  wise  sustain,  and  that  all  and  singular  having  such 
books  or  any  writings  of  such  wicked  doctrine  and  opinions, 
shall  really  with  effect  deliver  or  cause  to  be  delivered  all 
such  books  and  writings  to  the  diocesan  of  the  same  place 
within  forty  days  from  the  time  of  the  proclamation  of  this 
ordinance  and  statute. 

And  if  any  person  or  persons  of  whatsoever  sex,  estate,  or 
condition  that  he  or  they  be,  from  henceforth  do  or  attempt 
against  the  said  royal  ordinance  and  statute  aforesaid  in  the 
premises  or  any  of  them,  or  such  books  in  the  form  aforesaid 
do  not  deliver,  then  the  diocesan  of  the  same  place  in  his  dio- 
cese such  person  or  persons  in  this  behalf  defamed  or  evi- 
dently suspected  and  every  of  them  may  by  the  authority  of 
the  said  ordinance  and  statute  cause  to  be  arrested  and  under 
safe  custody  in  his  prison  to  be  detained  till  he  or  they  of  the 
articles  laid  to  him  or  them  in  this  behalf  do  canonically 
purge  him  or  themselves,  or  else  such  wicked  sect,  preach- 
ings, doctrines  and  heretical  and  erroneous  opinions  do  ab- 
jure, according  as  the  •laws  of  the  church  do  demand  and 

require. 

***** 

And  if  any  person  within  the  said  realm  and  dominions, 


LOLLARD  Y  217 

upon  the  said  wicked  preachings,  doctrines,  opinions,  schools, 
and  heretical  and  erroneous  informations,  or  any  of  them  be 
before  the  diocesan  of  the  same  place  or  his  commissaries 
convicted  by  sentence,  and  the  same  wicked  sect,  preachings, 
doctrines  and  opinions,  schools  and  informations,  do  refuse 
duly  to  abjure,  or  by  the  diocesan  of  the  same  place  or  his 
commissaries,  after  the  abjuration  made  by  the  same  person 
be  pronounced  relapsed,  so  that  according  to  the  holy  canons 
he  ought  to  be  left  to  the  secular  court,  (upon  which  cred- 
ence shall  be  given  to  the  diocesan  of  the  same  place  or  to 
his  commissaries  in  this  behalf),  then  the  sheriff  of  the 
county  of  the  same  place,  and  mayor  and  sheriffs,  or  sheriff, 
or  mayor  and  bailiffs  of  the  city,  town,  and  borough  of  the 
same  county  next  to  the  same  diocesan  or  the  said  commis- 
saries, shall  be  personally  present  in  preferring  of  such  sen- 
tences, when  they  by  the  same  diocesan  or  his  commissaries 
shall  be  required;  and  they  the  same  persons  and  every  of 
them,  after  such  sentence  promulgate  shall  receive,  and  them 
before  the  people  in  an  high  place  cause  to  be  burnt,  that 
such  punishment  may  strike  fear  into  the  minds  of  others, 
whereby  no  such  wicked  doctrine  and  heretical  and  erroneous 
opinions,  nor  their  authors  and  fautors,  in  the  said  realm  and 
dominions,  against  the  catholic  faith,  Christian  law,  and 
determination  of  the  holy  church,  which  God  prohibit,  be 
sustained  or  in  any  wise  suffered  in  which  all  and  singular 
the  premises  concerning  the  said  ordinance  and  statute,  the 
sheriffs,  mayors,  and  bailiffs  of  the  said  counties,  cities, 
boroughs  and  towns  shall  be  attending,  aiding,  and  support- 
ing to  the  said  diocesans  and  their  commissaries. 

(Ed.  from  Statutes  of  the  Realm,  II,  125-128.) 

ROYAL  LETTERS  REGARDING  LOLLARDY 

No  more  illuminating  documents  exist  than  those  of  the  royal 
letters  regarding  the  Lollards.  Those  selected  are  peculiarly 
suggestive.  No.  100  shows  the  attitude  of  Henry  V.  toward  the 
Church,  in  its  relation  with  Lollardy.  No.  101  directs  the  pro- 
secution of  Sir  John  Oldcastle,  the  Lollard  leader.  No.  102  out- 
lines the  attitude  of  Henry  VI.,  and  the  importance  of  the 
religious  movement. 

100.  Henry  V.  to  the  Mayor  and  Sheriffs  of  London 

(MU) 

Letters  of  the  Kings  of  England 

The  King,  &c.,  greeting.  Inasmuch  as  we  have  been  given 
to  understand,  that  certain  priests,  not  privileged  by  law  for 
this  purpose,  nor  licensed  by  the  diocesan  of  the  place,  nor 


218  SOURCE-BOOK  OF  ENGLISH  HISTORY 

permitted  by  the  church,  who  are  said  to  be  of  this  new  sect 
of  the  Lollards,  have  been  preaching  in  public  places  within 
the  aforesaid  city,  and  in  the  suburbs  and  vicinity  thereof, 
in  order  to  excite  and  win  over  some,  who  are  ill  disposed  to 
the  Catholic  faith,  and  the  doctrine  of  holy  mother  church ; 
and  by  their  own  rashness,  and  contrary  to  the  laws  and 
ordinances  of  the  church,  they  have  preached,  nay,  rather 
have  profaned  the  Word  of  God;  or,  at  least,  under  pretext 
of  preaching,  they  have  in  such  places  been  emboldened  to 
propagate  discord  among  our  people  and  the  pestiferous 
seeds  of  Lollardism  and  evil  doctrine,  after  the  manner  of 
preachers;  and  as  some  of  our  people  of  our  said  city  and  its 
vicinity,  under  pretence  of  hearing  such  preaching,  have 
assembled  to  those  places,  and  have  congregated  together  in 
large  multitudes ;  and,  in  consequence,  murmurs  and  sedi- 
tions have  in  part  arisen,  and  will  probably  arise,  to  the  dis- 
turbance and  no  small  marring  of  our  peace,  unless  a  remedy 
be  more  quickly  applied  to  abolish  such  meetings  and  pull 
down  such  conventicles : 

We,  desiring  especially  to  provide  for  the  defence  of  the 
Catholic  faith,  the  laws  and  ordinances  of  the  church,  and 
for  preserving  our  peace,  command  you,  that  you  cause  pro- 
clamation publicly  to  be  made,  within  our  city  aforesaid,  and 
its  suburbs,  in  every  place  where  you  shall  find  it  expedient : 

That  no  chaplains,  of  whatever  degree,  state,  or  condition 
they  may  be,  shall  henceforward  hold,  cherish,  affirm, 
preach,  or  defend  such  opinions,  heresy  or  error,  contrary  to 
the  decision  of  holy  mother  church ;  and  that  none  other  our 
lieges  and  subjects  in  this  matter  adhere  to  or  abet  them,  or 
lend  them  counsel  or  assistance,  under  penalty  of  imprison- 
ment of  their  bodies,  and  the  forfeiture  of  all  their  goods  and 
chattels,  to  our  will  and  disposal.  We  further  command  and 
positively  enjoin  you  that,  if  henceforth  you  shall  be  able  to 
find  within  your  bailiwick  any  such  chaplains  preaching  and 
affirming  publicly  or  secretly,  contrary  to  the  aforesaid  re- 
script, or  any  other  our  lieges  and  subjects  making  conven- 
ticles and  meetings,  or  receiving  the  same  chaplains,  or  being 
under  probable  or  great  suspicion  concerning  the  premises, 
or  in  any  way  counselling,  favouring,  or  helping  such  chap- 
lains in  this  matter,  then  arrest  ye  them  without  delay,  and 
commit  them  'to  prison,  there  to  remain,  until  they  shall  obey 
the  commands  of  the  diocesan  in  whose  diocese  they  may 
have  preached,  and  it  shall  have  been  certified  unto  you 
accordingly  by  the  same  diocesan. 


LOLLARDY  219 

And,  that  also  in  the  places  aforesaid,  ye  cause  it  to  be 
proclaimed,  in  our  behalf,  that  no  such  chaplain  presume 
hereafter  to  preach,  contrary  to  the  constitutions  of  the  prov- 
ince published,  without  license,  sought  and  obtained  as  a 
qualified  literate ;  and  that  none  of  our  lieges  henceforward 
hear  the  same  chaplains  so  preaching,  or  be  present  at  such 
preachings  on  any  pretence  alleged,  under  the  punishment 
and  forfeiture  aforesaid ;  and  that  all  and  every  our  lieges 
and  subjects  of  our  city  and  suburbs  aforesaid  comply  with, 
obey,  and  attend  to  you  and  any  of  you,  in  the  carrying  out 
of  the  premises,  under  penalty  of  imprisonment. 

Witness  the  King,  at  Westminster,  the  2ist  day  of  August, 
I4I3- 

(Letters  of  the  Kings  of  England,  ed.  by  J.  O.  Halliwell,  Lond.,  1846,  I,  p.  72.) 

101.   Henry  V.  to  the  Sheriff  of  Kent 

('4M> 

Letters  of  the  Kings  of  England 

The  king  to  the  sheriff  of  Kent,  greeting.  Whereas  we 
are  more  fully  informed,  and  it  is  notoriously  and  openly  dis- 
covered, that  very  many  our  subjects  of  our  kingdom  of  Eng- 
land, vulgarly  called  Lollards,  have,  by  the  agency,  instiga- 
tion, encouragement,  abetting,  and  upholding  of  John  Old- 
castle,  knight,  who  hath  lately  stood  condemned  of  heresy, 
and  is  declared  and  pronounced  a  manifest  heretic,  according 
to  the  canonical  decrees  published  on  that  behalf,  have 
preached  and  caused  to  be  preached  divers  opinions  mani- 
festly contrary  to  the  Catholic  faith ;  and  have  falsely  and 
traitorously,  contrary  to  their  due  allegiance,  contemplated 
our  death,  because  that  we  do  take  part  against  them  and 
such  their  opinions,  even  as  a  true  Christian  prince,  and  as 
we  are  bound  by  the  chain  of  our  oath ;  and,  whereas  they 
have  formed  many  other  designs  to  the  destruction  as  well 
of  the  Catholic  faith  as  of  the  estate  of  the  lords  and  nobles 
of  our  kingdom,  as  well  spiritual  as  temporal ;  and  they  have 
purposed  to  hold  various  meetings  and  other  unlawful  cabals, 
with  a  view  to  perpetrate  their  abominable  project  in  this 
behalf,  and  desist  not  from  daily  plotting  (as  far  as  in  them 
lies)  to  the  probable  destruction  of  our  own  person,  and  of 
the  estates  of  the  lords  and  nobles  aforesaid ;  we,  considering 
in  what  manner  certain  such  Lollards  and  others,  who  imag- 
ined and  designed  our  death  and  the  other  mischiefs  and 
misdeeds  aforesaid,  have  been  taken  for  the  before-named 
reason,  and  stand  adjudged  to  death  for  this  abominable  act 
and  purpose;  and  wishing  to  order  and  provide,  in  the  best 


220  SOURCE-BOOK  OF  ENGLISH  HISTORY 

and  most  quiet  manner  possible,  for  the  avoiding  of  the 
effusion  of  Christian  blood,  and  especially  that  of  our  lieges 
whom,  on  account  of  our  tender  and  special  regard  towards 
them,  we  desire,  with  our  whole  heart's  intent,  to  preserve 
from  the  shedding  of  blood  and  corporal  punishment. 

We  command  you,  and  positively  enjoin,  that  in  each  place 
in  your  bailiwick,  where  you  shall  find  it  best,  you  cause 
to  be  proclaimed  publicly  on  our  behalf,  that  they,  by  whose 
agency,  incitement,  counsel,  or  information,  the  said  John 
shall  be  taken  or  arrested,  shall  receive  five  hundred  marks ; . 
and  he  that  shall  take  or  cause  to  be  arrested  the  same  John, 
one  thousand  marks,  of  our  free  gift,  for  his  labour  and 
his  pains  in  this  behalf,  and  that  the  citizens,  burgesses, 
and  corporations  of  the  cities,  boroughs,  and  other  towns, 
who  shall  take  and  arrest  the  same  John,  and  shall  cause  him 
to  be  brought  before  us,  shall  be  quit  and  wholly  exonerated 
for  ever  from  all  taxes,  tallages,  tenths,  fifteenths,  and  other 
contributions  whatever,  to  us  and  our  heirs  hereafter  pay- 
able, and  that  we  will  cause  accordingly  to  bo  made  to  them 
our  letters  patent  under  our  great  seal ;  and  that  in  doing 
their  own  concerns,  and  in  any  lawful  and  honourable  trans- 
actions whatever  to  be  done  towards  ourself,  they  shall  find 
and  have  ourself  more  than  usually  gracious. 

Witness  the  King,  at  Westminster,  the  nth  day  of  Jan- 
uary, 1414. 

(Letters  of  the  Kings  of  England,  ed.  cit.,  I,  p.  74.) 

102.  King  Henry  VI.  to  the  Abbot  of  St.  Edmondsbury  and  to  the 
Aldermen  and  Bailiffs  of  the  Town,  for  the  Suppression  of 
the  Lollards 

By  the  king, 

Trusty  and  well-beloved,  the  malicious  intent  and  purpose 
of  God's  traitors  and  ours,  heretics  in  this  our  realm,  com- 
monly called  Lollards,  the  which  now  lately  setting  up  of 
seditious  bills,  and  otherwise  traitorously  exhorted,  stirred 
and  moved  the  people  of  our  land  to  assemble,  gather,  and 
arise  against  God's  peace  and  ours,  is  not  unknown  to  you 
nor  to  no  man  endued  with  reason,  foresight,  or  discretion: 
the  which,  howbeit  that  they  of  high  subtlety,  fraud,  and 
fellness,  feign,  pretend,  and  write  such  thing  as  they  trow 
to  blind  with  you  that  be  simple,  and  to  draw  by  their  arts 
and  affections  to  them  and  their  intent,  intending  never- 
theless and  purposing  without  any  doubt  the  subversion  of 
the  Christian  faith,  and  belief  of  us  also  and  of  all  estates, 


LOLLARD Y  221 

and  gentlemen,  and  generally  of  all  true  Christian  men  and 
women  that  will  not  follow  them,  and  assist  them  in  their 
damnable  errors,  intent  and  purpose,  and  would  destroy  all 
political  rule  and  government,  spiritual  and  temporal ;  and 
considering  that  they,  against  God's  law  and  man's,  stir  our 
people  without  our  commandment  or  authority  to  assemble 
and  arise,  and  therewith  purpose  and  would  take  upon  them 
and  usurp  as  well  our  royal  power  and  authority  as  the 
Church's,  and  use  correction  and  government  in  no  wise  be- 
longing unto  them  that  ought  to  be  governed,  and  not  so  to 
govern;  the  which  stirring  and  usurpation  of  our  royal 
power,  by  the  law  of  this  our  land,  is  treason,  each  reason- 
able man  may  well  feel  that  in  eschewing  of  chastising,  and 
aspire  reddome  [violence]  to  the  contemner  of  our  laws,  they 
so  doing  would  never  by  their  wills  come  to  reckoning  there- 
of, but  dispose  them  to  be  out  of  subjection,  obedience,  or  awe 
of  us,  and  of  our  law ;  and,  as  God  knoweth,  never  would  they 
be  subject  to  his,  nor  to  man's,  but  would  be  loose  and  free,  to 
rob,  reve,  and  despoil,  slay  and  destroy  all  men  of  estate, 
thrift,  and  worship,  as  they  purposed  to  have  done  in  our 
fadre's  days,  and  of  lad  and  lurdains  [clowns]  would  make 
lords,  and  generally  would  use,  do,  and  fulfil  all  their  lusts 
and  wills  that  God  forbade:  and  howbeit,  that  by  the  grace 
of  our  Lord,  and  the  great  and  notable  diligence  of  our  bel 
[good]  uncle  of  Gloucester,  our  lieutenant,  and  of  other  com- 
missioners and  judges  in  sundry  places,  lawful  execution  may 
be  done  upon  divers  of  the  said  God's  traitors  and  ours ;  the 
which,  if  reason  ought  to  have  been  unto  them  and  their 
accomplices  extreme  confusion  and  rebuke ;  nevertheless,  it 
is  credibly  from  day  to  day  reported  unto  our  said  lieutenant 
and  council  here,  in  divers  ways,  that  the  wicked  and  ma- 
licious purpose  of  the  said  traitors  ceaseth  not,  but  con- 
tinueth  and  abideth :  wherefore,  howbeit,  that  we  wrote  late 
ago  unto  you,  that  be  now  true  unto  God  and  us,  to  the  intent 
that  followeth:  nevertheless,  forasmuch  as  we  know  not 
when  our  said  letters  came  unto  you,  praying  you  heartily 
and  also  charging  you  on  the  faith,  truth,  and  allegiance 
that  ye  owe  to  God  and  to  us,  that  with  all  diligence  and 
without  delay  or  tarrying,  ye  ordain  and  array  you  and 
yours,  and  stir  other  such  as  will  accompany  you  to  be  ready 
to  assemble,  with  other  of  our  true  liege  men  to  do  the 
same,  and  withstand  mightily,  chastise,  and  subdue  the 
damnable  malice  and  enterprise  of  God's  said  traitors  and 
ours,  the  which  ye  and  all  our  true  liege  men  have  great 


222  SOURCE-BOOK  OF  ENGLISH  HISTORY 

cause  and  matter  to  have  in  great  await.  And,  in  especial, 
we  will  and  charge  you  that  ye  inquire,  consider,  and  take 
good  heed  from  time  to  time,  which  of  the  inhabitants  in  the 
country  about  who  have  now  of  late  time  absented  them, 
or  absent  them  hereafter,  otherwise  than  their  occupation 
or  craft  axeth ;  and  also,  of  strange  and  unknown  comers, 
such  as  any  matter  of  ill  suspicion  may  reasonably  be  felt 
in,  and  that  ye  arrest,  search,  and  examine  them  in  the 
straightest  wise,  whence  they  come,  and  where  they  have 
been,  and  of  all  the  days,  times,  and  places  of  their  absence ; 
and  also,  if  sowers  of  seditions,  slanderous  or  troublous 
language,  or  tales.  Over  this,  not  suffering  privy  gather- 
ings, or  conventicles  to  be  had  or  made  by  night  or  by  day 
thereabout,  you  having  alway  your  recourse  and  resort,  when- 
soever you  think  that  need  is  for  your  succour,  your  help, 
and  comfort  to  our  said  lieutenant  and  council,  whom  ye 
shall  find  ever  well-willed  and  disposed  to  purvey  that  that 
may  be  to  your  surety,  and  comfort  and  ease ;  and  fail  not 
in  due  and  diligent  execution  of  these  things  aforesaid,  as 
ye  desire  our  prosperity  and  yours  and  welfare.  Given 
under  our  privy  seal  at  Westminster,  the  sixth  day  of  July. 
To  our  trusty  and  well-beloved  the  Aldermen  and  Bailiffs 
of  our  town  of  Bury. 

{Letters  of  the  Kings  of  England,  ed.  cited,  i,  115.) 

103.    Mandate  for  the  Burning  of  a  Heretic 
(H3S) 

Letters  of  the  Kings  of England 

There  exists  a  misconception  regarding  the  executions  of 
heretics  under  English  law.  It  is  not  infrequently  supposed  that 
the  death  penalty  for  heresy  was  peculiar  to  the  reign  of  Mary. 
(Nos.  131,  132.)  The  selection  given  will  therefore  be  as  sug- 
gestive as  No.  141,  which  follows  in  the  chapter  devoted  to  the 
reign  of  Elizabeth. 

The  king  to  the  sheriffs  of  London,  etc., 

Whereas  the  venerable  Father  Robert,  bishop  of  London, 
by  the  assent  and  consent  of  reverend  men  of  great  discern- 
ment and  wisdom,  as  well  doctors  of  divinity  as  others, 
doctors  of  the  canon  and  civil  law,  who  were  aiding  to  him 
in  the  process  of  justice  required  in  this  behalf,  and  which 
hath  been  observed  in  all  points,  hath  pronounced  John  Bis- 
mire,  otherwise  called  John  Chandyrer,  of  the  Parish  of 
Saint  Mary-at-Axe,  in  the  city  of  London,  who  hath  fallen 
back  into  the  heresy  which  he  held  and  abjured  —  a  heretic 
relapsed  —  by  his  definite  sentence,  according  to  laws  and 


LOLLARDY  223 

canonical  decrees  set  forth  in  this  matter,  even  as  appeareth 
to  us  by  the  letter  of  the  foresaid  bishop ;  and  as  Holy 
Mother  Church  hath  not  any  more  that  she  can  do  in  the 
preceding  case  . . . 

We,  therefore,  zealous  for  justice,  and  revering  the  catholic 
faith,  and  willing  to  uphold  and  defend  Holy  Church,  the 
rights  and  liberties  of  the  same,  to  pluck  out  by  the  roots 
heresies  and  errors  out  of  our  kingdom  of  England,  as  far  as 
in  us  lieth,  and  to  punish  with  condign  punishment  heretics 
so  convicted;  and  considering  that  such  heretics,  convicted 
in  the  form  aforesaid,  according  to  law,  divine  and  human, 
and  the  canons  and  institutes  in  this  behalf,  ought,  as  a 
matter  of  course,  to  be  burned  with  the  burning  of  fire. 

To  you  we  command,  with  all  strictness  possible,  and 
positively  enjoin,  that  the  aforesaid  John,  now  being  in  your 
custody,  you  cause  to  be  committed  to  flames  in  some  public 
and  open  place,  within  the  liberty  of  the  city  foresaid,  having 
made  public  the  reason  before  stated,  in  presence  of  the 
people;  and  him  to  be  burned  in  the  same  fiie  in  very  deed, 
by  way  of  abomination  of  a  crime  of  this  kind,  and  as  an 
open  example  to  others,  his  neighbours:  and  this  at  your 
instant  peril  by  no  means  omit  ye. 

Witness  the  king,  the  I4th  day  of  May,  the  sixteenth  year 
of  his  reign. 

(Letters  of  the  Kings  of  England,  ed.  cited,  I,  119.) 


PART  V 

THE  TUDOR  PERIOD 

(1485-1603) 


«s 


CHAPTER   XIV 

THE  DIVORCE  QUESTION 


104.  Henry's  Attempts  to  secure  the  Aid  of  the  Church 

('53°) 

Original  Letters 

The  following  letter  from  the  emissary  of  the  king  to  the 
Italian  universities  shows  the  method  on  which  Henry  proceeded 
in  his  efforts  to  obtain  the  sanction  of  the  Church  to  his  divorce 
from  Katherine. 

Richard  Croke  to  Henry  VIII.,  on  the  prevarication  of 
certain  Friars  of  the  University  of  Padua,  who  had  taken 
his  Majesty's  money  to  give  their  subscription  as  disallow- 
ing his  marriage  with  Queen  Katharine,  but  now  are  for  it. 

(Ms.  Harl.  416,  fol.  21  Orig.) 

Please  yt  yowr  Highnes  to  be  aduertysed  that  syns  the 
xxviij  day  of  Auguste  I  delyuered  vnto  friar  Thomas  xxiij 
crouynes ;  syns  the  whyche  tyme  he  hathe  got  yowr  Highnes 
but  vij  subscriptions;  the  whiche  I  sent  by  Harwel  the  xix 
of  Octobre.  And  of  them,  too  only  excepte,  there  ys  not  on 
worthy  thanke.  I  have  and  do  often  cal  vpon  hym,  but  he 
answerithe  me  that  there  ys  no  mo  doctors  to  be  goten:  the 
contrary  whereoff  I  knowye  to  be  trew.  And  whan  I  de- 
mande  off  hym  for  the  declaration  off  my  accompts  som 
remembrance  off  his  hande  for  xlvij  crouynes  whyche  I 
have  paide  hym,  he  answerythe  that  at  th'end  off  the  cause 
he  wyl  other  make  me  a  byl,  or  delyver  me  th'ole  money 
ayene.  And  hys  cause  why  he  wol  make  me  no  byl,  ys,  as 
he  saithe,  feare  leste  hys  byl  myght  be  shewed  to  yowr 
Highnes  aduersaryes.  Off  the  whyche  pretendyd  feare  I 
so  moche  the  more  douzt,  by  cause  I  have  taken  hym  twysse 
styffelye  reasonying  upon  the  Queenys  parte  ayenste  yowr 
Highnes  conclusion  with  a  friar  of  Florence,  whom  afore 
thys  day  he  alwayes  assuryed  me  to  be  off  yowr  Highnes 
opinion.  Albeyt  now  he  saithe  the  said  friar  ys  departyd, 
beynge  utter  enymye  to  the  same.  And  in  communication, 

2*7 


228  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Soverayne  Lord,  with  me  upon  his  said  reasonynge  with 
the  said  friar,  he  said  to  me  that  th'Emperowrs  embassator 
shulde  say  to  him  quod  si  vclit  procurare  pro  Rcgina  merces 
cjns  non  starct  intns  paucula  scuta,  and  he  addyd  these 
words  to  the  same,  Crcdc  mihi,  Croce,  posse  me  efficcre  si 
rclim  facer e  quod  alii  vclint  ct  faciunt,  ut  quicqnid  hactenus 
feccrim  pro  rege  illi  magis  obsit  quam  prosit.  Thys  frute 
commythe  off  Rhaphacls  works  put  in  printe  makinge  pro- 
testation in  the  worke  writen  ayenste  yowr  Highnes  quod 
qiiidquid  scripserit  pro  eadcm  id  otnne  tantum  ex  aliorum 
mcnte  non  sua  ad  ingenii  exercitationem  scripserit.  And 
that  the  worke  writen  ayenste  yowr  Highnes  ys  hys  very 
trew  and  playne  opinion,  and  firme  and  ful  sentence  and 
mynde.  What  hurte  thys  worke  with  sutche  werks  as  ar 
in  Englishe,  setforthe  in  England  (by  comen  rumor  here) 
ayenste  yowr  Highnes  cause,  dotthe  unto  yowr  Highnes  said 
cause  I  have  at  temptit  by  doble  lettres  sente  by  the  means 
off  Harwel  from  Venice  to  Antewarpe,  and  from  Antewarpe 
to  yowr  Highnes  by  post,  purposely  acertayned  yowr  Hight- 
nes.  And  consyderinge  that  I  can  get  no  mo  subscriptions 
nother  off  Friar  Ambrose  nor  off  Thomas,  very  feare  corn- 
pellythe  me  to  aduertyse  yowr  Highnes  that  all  these  Friars 
were  firste  and  only  attayned  vnto  yowr  Highnes  by  me. 
And  Ambrose  had  off  me  for  the  gettinge  of  the  determina- 
tion off  Padua  for  his  parte  only  xx  crouynes.  Thomas 
hathe  had  xlvij  crouynes.  Franciscus,  for  him  and  Dio- 
nysius,  Ixxvij  crouynes,  as  I  can  right  wel  prove.  And  thys 
notwithstandynge,  whan  I  cal  upon  them  for  som  frute  of 
none  off  theyr  labor,  except  Dionysius,  I  can  get  non.  And 
as  Ambrose  hathe  answerid  me  that  my  Lorde  of  London 
hathe  comandyd  hym  tantum  in  causa  regia  facere  quam 
ipsi  prescripserit  Cassalius,  so  Leonicus,  a  man  off  greate 
gravitye  and  lernynge,  by  his  lettres  (whereoff  a  copye  I 
sende  herein  enclosyd)  acertaynythe  me  off  a  wars  poynte. 
Albe  yt  I  truste  yt  be  not  so,  for  suche  commaundemente 
coulde  not  but  be  prejudicial,  as  wel  unto  yowr  high  cause 
as  unto  my  labors  taken  in  the  same,  and  also  to  the  losse 
off  the  money  that  I  have  laid  owzt  to  the  said  friars,  for 
the  same.  Nor  can  I  not  perceve  how  (yff  thys  be  true) 
that  I  any  more  may  preferre  yowr  most  high  causes  m 
Venice  and  the  partyes  abowzt.  Whose  importune  labor 
my  Lorde  knowethe  to  have  bene  the  principal  and  chefe 
cause  off  the  successe  that  yowr  Highnes  cause  hathe  had 
in  Italye.  Where  afore  my  commynge,  nor  yet  by  other  men 


THE  DIVORCE  QUESTION  229 

longe  after,  there  was  (as  yowr  Highnes  and  al  other  know- 
ethe)  nothinge  earthely  done.  And  I  beseche  yowr  Highnes 
to  pondre  my  good  harte  and  acts  passed,  the  whyche  shall 
never  (to  dye  for  yt)  cease  to  farther  yowr  said  Highnes 
pleasure  in  thys  behalffe,  with  all  payne,  faythe,  and  dili- 
gence, as  the  effect  off  my  endevor  I  truste  shal  alwayes 
frutefully  profe.  And  thus  I  besech  our  mooste  mercyful 
Saviour  Christe  to  preserve  yowr  moste  noble  Grace.  At 
Venice,  the  xxiijd  off  Octobre,  with  the  rude  hand  off  yowr 
moste  High  Majestyes. 


(From  Original  Letters  illustrative  of  English  History,  Ellis,  Load.,  1846 
Third  Series,  II,  p.  167.) 

105.  Speeches  made  in  the  Divorce  Trial  between  Henry  VIII 
and  Katherine  of  Arragon 

(1529) 

Somers  Tracts 

The  four  speeches  which  follow  show  the  hasty  method  of 
the  proceedings  as  inaugurated,  the  gross  injustice  to  the  queen, 
and  the  independence  of  Campeius,  who  refused  to  bend  his 
sense  of  right  to  the  will  of  the  royal  despot.  The  determination 
of  the  cardinal  that  judgment  must  be  given  by  the  pope  was  an 
important  factor  in  producing  the  religious  revolution  which 
later  shook  England  to  her  centre  and  freed  her  from  papal 
domination. 

"The  four  following  articles  are  the  Speeches  of  the  different 
parties  at  the  famous  trial  of  Divorce,  before  Wolsey  and  Cam- 
peius, as  papal  commissioners,  2ist  June,  1529.  The  Speeches 
are  here  given  rather  more  fully  than  in  the  Chronicles." 


The  Speech  of  Queen  Katherine,  which  she  made  when 
she  was  called  upon,  about  the  Divorce  of  her  and  the  King, 
who  rose  out  of  her  chair,  and  came  to  the  King,  and  kneeling 
down  at  his  feet,  said  as  followeth: 

Sir, 

In  what  have  I  offended  you?  Or  what  occasion  of  dis- 
pleasure have  I  given  you,  intending  thus  to  put  me  from 
you?  I  take  God  to  be  my  judge,  I  have  been  to  you  a 
true  and  humble  wife,  ever  conformable  to  your  will  and 
pleasure ;  never  contradicting  or  gain-saying  you  in  any 


230  SOURCE-BOOK  OF  ENGLISH  HISTORY 

thing:  being  always  contented  with  all  things,  wherein  you 
had  any  delight,  or  took  any  pleasure,  without  grudge,  or 
countenance  of  discontent  or  displeasure.  I  loved,  for  your 
sake,  all  them  whom  you  loved,  whether  I  had  cause  or  no; 
whether  they  were  my  friends,  or  my  enemies.  I  have  been 
your  wife  these  twenty  years  or  more,  and  you  had  by  me 
divers  children;  and  when  you  had  me  first,  I  take  God  to 
be  my  judge,  that  I  was  a  maid :  and  whether  it  be  true  or  no, 
I  put  it  to  your  own  conscience.  If  there  be  any  just  cause 
that  you  can  alledge  against  me,  either  of  dishonesty,  or  mat- 
ter lawful  to  put  me  from  you,  I  am  content  to  depart,  to  my 
shame  and  confusion ;  and  if  there  be  none,  then  I  pray 
you  to  let  me  have  justice  at  your  hands.  The  king,  your 
father,  was,  in  his  time,  of  such  an  excellent  wit,  that  he 
was  accounted  amongst  all  men  for  wisdom,  to  be  a  second 
Solomon ;  and  the  king  of  Spain,  my  father  Fardinand,  was 
accounted  one  of  the  wisest  princes  that  had  reigned  in 
Spain  for  many  years.  It  is  not,  therefore,  to  be  doubted, 
but  that  they  had  gathered  as  wise  counsellors  unto  them, 
of  every  realm,  as  to  their  wisdom  they  thought  meet:  And 
I  conceive,  that  there  were  in  those  days,  as  wise  and  well- 
learned  men,  in  both  the  realms,  as  be  now  at  this  day,  who 
thought  the  marriage  between  you  and  me  good  and  lawful. 
Therefore  it  is  a  wonder  to  me,  what  new  inventions  are 
now  invented  against  me.  And  now  to  put  me  to  stand  to 
the  order  and  judgment  of  this  court,  seems  very  unreason- 
able. For  you  may  condemn  me  for  want  of  being  able  to 
answer  for  myself;  as  having  no  council,  but  such  as  you 
assigned  me;  who  cannot  be  indifferent  on  my  part,  since 
they  are  your  own  subjects,  and  such  as  you  have  taken,  and 
chosen  out  of  your  own  council ;  whereunto  they  are  privy, 
and  dare  not  disclose  your  will,  and  intent.  Therefore  I 
humbly  pray  you,  to  spare  me,  until  I  may  know,  what 
council  my  friends  in  Spain  will  advise  me  to  take:  and  if 
you  will  not,  then  your  pleasure  be  fulfilled.  —  And  zvith 
that  she  rose  up,  and  departed,  never  more  appearing  in  any 
court. 

King  Henry  the  VHIth's  Speech  upon  the  Queen's  depart- 
ure out  of  the  Court. 

I  will  now,  in  her  absence,  declare  this  unto  you  all,  That 
she  has  been  unto  me  as  true  and  obedient  a  wife,  as  I  could 
wish,  or  desire.  She  has  all  the  virtuous  qualities,  that 


THE  DIVORCE  QUESTION  231 

ought  to  be  in  a  woman  of  her  dignity,  or  in  any  other  of 
mean  condition.  She  is  also  surely  a  noble  woman  born : 
Her  condition  will  well  declare  it. 

The  Speech  of  Queen  Katherine  to  Cardinal  Campeius,  and 
Wolsey,  they  being  sent  by  the  king. 

My  lords,  I  cannot  answer  you  so  suddenly;  for  I  was 
set,  among  my  maids,  at  work,  little  thinking  of  any  such 
matter;  wherein  there  needs  a  longer  deliberation,  and  a 
better  head  than  mine,  to  make  answer.  For  I  have  need 
of  council  in  this  case,  which  concerns  me  so  near :  and  for 
any  council,  or  friends  that  I  can  find  in  England,  they  are 
not  for  my  profit.  For  it  is  not  likely  that  any  Englishman 
will  council  me,  or  be  a  friend  to  me  against  the  king's 
pleasure,  since  they  are  his  subjects;  and  for  my  council,  in 
which  I  may  trust,  they  are  in  Spain. 

The  Speech  of  Cardinal  Campeius,  upon  King  Henry  the 
VHIth's  calling  for  judgment. 

I  will  not  give  judgment,  till  I  have  made  relation  to  the 
pope  of  all  our  proceedings;  whose  council,  and  command, 
I  will  observe.  The  matter  is  too  high  for  us  to  give  an 
hasty  judgment,  considering  the  highness  of  the  persons, 
and  doubtfulness  of  the  case ;  and  also  whose  commissioners 
we  be,  under  whose  authority  we  sit.  It  were  therefore 
reason  that  we  should  make  our  chief  head  a  council  in  the 
same,  before  we  proceed  to  a  definitive  sentence.  I  came 
not  to  please,  for  favour,  need,  or  dread,  of  any  person  alive, 
be  he  king,  or  otherwise.  I  have  no  such  respect  to  the 
person,  that  I  will  offend  my  conscience.  I  will  not,  for 
the  favour  or  disfavour  of  any  high  estate,  do  that  thing, 
which  shall  be  against  the  will  of  God.  —  /  am  an  old  man, 
(both  weak  and  sickly)  that  look  daily  for  death.  I  will 
not  wade  any  farther  in  this  matter,  until  I  have  the  opinion 
and  assent  of  the  pope. 

(From  Sonters'  Collection  of  Tracts,  ed.  by  Walter  Scott,  Lond.,  1809,  I,  p.  33. 

1 06.   The  Divorce  Proceedings  announced  to  the  House  of  Commons 

(1531) 

Parliamentary  History 

On  March  30,  1531,  the  Lord  Chancellor,  together  with  a 
committee  of  Lords  Spiritual  and  Temporal,  went  to  the  House 
of  Commons,  where  the  Chancellor  opened  the  proceedings  with 
a  brief  speech  announcing  the  reason  of  the  visit.  There  is  a 


232  SOURCE-BOOK  OF  ENGLISH  HISTORY 

grim  humour  in  the  king's  self-accusation  of  incestuous  union, 
and  the  subserviency  of  the  consulted  authorities  is  an  object- 
lesson  of  the  time.  The  object  of  the  communication  is  set  forth 
in  the  concluding  sentences  of  the  extract,  but  it  may  be  doubted 
if  the  purpose  was  accomplished. 

"You  of  this  worshipful  House, 

"I  am  sure  you  be  not  so  ignorant  but  you  know  well  that 
the  Kyng  our  Soveraign  Lorde  hath  maried  his  Brother's 
Wyfe;  for  she  was  both  wedded  and  bedded  with  his  Brother 
Prince  Arthur,  and  therefore  you  may  surely  say  that  he 
hath  maried  his  Brother's  Wyfe,  if  this  Mariage  be  good  as 
so  many  Clerkes  do  doubt;  Wherefore  the  Kyng,  like  a  vir- 
tuous Prince,  willing  to  be  satisfied  in  his  Conscience,  and 
also  for  the  Suretie  of  his  Realme,  hath,  with  great  Delibera- 
tion, consulted  with  great  Clerkes,  and  hath  sent  my  Lorde 
of  London,  here  present,  to  the  chiefe  Universities  of  all 
Christendome,  to  know  their  Opinion  and  Judgment  in  that 
Behalf.  And  altho'  the  Universities  of  Cambryge  and  Ox- 
forde  had  been  sufficient  to  discusse  the  Cause,  yet,  because 
they  be  in  this  Realme,  and  to  avoyde  all  Suspicion  of  Par- 
tiality, he  hath  sent  into  the  Realme  of  France,  Italy,  the 
Pope's  Dominions,  and  Venetians,  to  know  their  Judgment 
in  that  Behalf;  which  have  concluded,  written,  and  sealed 
their  Determinations,  accordyng  as  you  shall  heare  red." 
Then  Sir  Brian  Tuke  took  out  of  a  Box  twelve  Writings 
sealed,  and  read  them  before  the  House  as  they  were  trans- 
lated into  the  English  Tongue. 

Next  follows,  in  Hall,  the  Judgment  of  the  Foreign  Uni- 
versities ;  which  were  those  of  Paris,  Orleans,  Anjou,  Bruges, 
Bononia,  and  Padua,  at  Length.  These  being  somewhat 
foreign  to  our  Purpose,  \ve  shall  therefore  content  ourselves 
with  observing,  That  the  Question  put  to  these  learned  So- 
cieties was,  Whether  the  Pope's  Dispensation  for  a  Brother's 
marrying  a  Brother's  Wife,  after  Consummation  with  her 
former  Husband,  was  valid  or  not?  Which,  as  the  Question 
was  stated,  they  all  gave  in  the  Negative. 

These  Determinations  being  all  read  in  the  House,  there 
were  produced  abouve  an  hundred  different  Books,  wrote  by 
foreign  Civilians  and  Divines,  against  the  Lawfulness  of  the 
Marriage;  which,  says  Hall,  because  the  Day  was  far  spent, 
were  not  read.  Then  the  Chancellor  again  said,  "Now  you 
of  this  Commen  House  may  reporte  in  your  Countries  what 
you  have  scene  and  heard;  and  then  all  Men  shall  openly 


THE  DIVORCE  QUESTION  233 

perceyve  that  the  Kyng  hath  not  attempted  this  Matter  of 
Wyll  or  Pleasure,  as  some  Straungers  reporte,  but  only  for 
the  Discharge  of  his  Conscience,  and  Suretie  of  the  Succes- 
sion of  his  Realme.  This  is  the  Cause  of  our  Repayre  hyther 
to  you,  and  now  we  wyl  departe." 

(Parliamentary  History,  2nd  ed.,  Lond.,  1763.     Vol.  Ill,  p.  81.) 


CHAPTER    XV 

HENRY   VIII.   AND   THE   CHURCH 


107.  Payment  of  Annates  to  the  Pope  forbidden 

Parliamentary  History 

The  struggle  between  Henry  VIII.  and  the  Pope  on  the  ques- 
tion of  divorce  caused  the  king  to  assume  the  headship  of  the 
Catholic  Church  in  England  and  to  take  that  church  from  papal 
control.  The  first  important  step  was  taken  in  1531  when  the 
clergy  were  compelled  to  address  Henry  as  "Head  of  the  Church 
and  Clergy  so  far  as  the  law  of  Christ  will  allow." 

The  second  was  the  act  restraining  the  payment  of  annates  to 
the  pope.  The  selection  given  contains  a  summary  of  this  act. 
Its  language  should  be  compared  with  the  other  anti-papal 
statutes  contained  in  this  chapter.  They  in  turn  should  be  read 
in  connection  with  those  given  in  Chapters  XI,  XVII,  XVIII, 
and  XIX.  The  acts  given  in  these  and  preceding  chapters 
furnish  material  for  the  study  of  the  development  of  the  inde- 
pendent Church  of  England. 

This  year  also  an  Act  passed,  concerning  Annates,  or  the 
First-Fruits  of  Bishoprics,  paid  usually  to  the  See  of  Rome, 
for  the  obtaining  of  Palls,  Bulls,  etc.,  the  Preamble  and  Con- 
sideration whereof  was,  as  appears  in  the  Records,  i.  The 
great  Sums  of  Money  already  passed  out  of  the  Kingdom 
that  Way,  being  no  less  than  160,000  /  Sterling,  since  the 
second  Year  of  Henry  VII.  2.  That  more  was  likely  to  be 
shortly  transported,  by  reason  many  of  the  Bishops  are  aged. 
3.  That  the  first  Use  and  Grant  of  them  was  for  maintaining 
Arms  against  Infidels.  So  that  it  was  enacted,  That  they 
should  henceforth  cease,  and  no  Money  to  be  paid  to  Rome 
to  that  Intent,  except  as  is  hereafter  specified,  viz.  Lest  the 
Court  of  Rome  should  think  themselves  irremunerated  for 
their  Pain  in  making  and  sealing  Bulls  in  Lead,  etc.,  it  was 
ordained,  That  there  may  be  allowed  for  the  said  Bulls  Five 
Pounds  in  the  Hundred,  according  to  the  Rate  of  each 
Bishopric's  clear  Value  above  all  Charges.  And  if  any 
Man,  being  chosen  to  a  Bishopric,  and  presented  by  the 

234 


HENRY  VIII.  AND  THE  CHURCH  235 

King  to  the  Pope,  shall  hereupon  find  any  Lett  or  Hinder- 
ance,  by  Restraint  of  his  Bulls,  upon  convenient  Suit  for 
the  same,  then  he  may  be  named  and  presented  by  the 
King's  Highness  to  the  Archbishop  of  the  Province,  who 
shall  consecrate  him ;  or,  the  said  Archbishop  delaying, 
under  Pretence  of  wanting  Pall,  Bull,  etc.,  the  Person  so 
named  shall  be  consecrated,  and  invested  by  any  two  Bishops 
of  the  Land  whom  the  King  shall  appoint  thereto;  and  shall 
be  held  and  reputed  thereafter  as  a  compleat  Bishop.  But 
of  this  Act  we  shall  speak  again,  when  we  come  to  the  25th 
Year  of  the  King:  For  though  it  passed  the  Parliament  now, 
and  the  King  gave  his  Assent  thereto,  yet  Power  was  re- 
served for  him  to  annul  or  confirm  the  same  any  Time  within 
two  Years  next  following. 

Moreover,  in  this  Statute,  the  King  and  his  Parliament  de- 
clare, That  they  do  not  intend  to  use  any  Extremity  or 
Violence,  before  gentle  and  courteous  Ways  have  been  at- 
tempted: But  it  shall  please  the  King  to  propose  an  amicable 
Composition  to  the  Pope,  and  his  Holliness  shall  be  content 
either  to  abolish  or  moderate  those  Annates,  then  the  Com- 
positions, so  made,  to  stand  firm :  But  if,  upon  the  said 
amicable  Propositions,  the  Realm  cannot  be  disburdened,  and 
that,  for  the  Continuance  of  the  same,  the  Pope  shall  un- 
justly vex  and  disquiet  the  King  or  his  Subjects  by  any  Ex- 
communication, etc.,  be  it  then  enacted,  by  the  Authority 
aforesaid,  That  the  King's  Highness,  his  Heirs  and  Succes- 
sors, Kings  of  England,  and  all  his  Spiritual  and  Lay  Sub- 
jects of  the  same,  without  any  Scruple  of  Conscience,  shall 
and  may  lawfully,  to  the  Honour  of  Almighty  God,  the  In- 
crease and  Continuance  of  Virtue  and  good  Example  within 
this  Realm  (the  said  Censures,  Excommunications,  Inter- 
dictions, Compulsories,  or  any  of  them,  notwithstanding), 
minister,  or  cause  to  be  ministered,  throughout  this  said  Re- 
alm, and  all  other  the  Dominions  and  Territories  belonging 
or  appertaining  thereunto,  all  and  all  Manner  of  Sacraments, 
Sacramentals,  Ceremonies,  or  other  Divine  Service  of  Holy 
Church,  or  any  other  Thing  or  Things  necessary  for  the 
Health  of  the  Soul  of  Mankind,  as  they  heretofore,  at  any 
Time  or  Times,  have  been  virtuously  used  or  accustomed  to 
do  within  the  same.  And  that  no  Manner  of  such  Censures, 
Excommunications,  Interdictions,  or  any  other  Process  or 
Compulsories  shall  by  any  of  the  Prelates,  or  other  Spiritual 
Fathers  of  this  Realm,  nor  by  any  of  their  Ministers  or 


2j6  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Substitutes,  be  at  any  Time  or  Times  hereafter  published, 
executed,  or  divulged,  in  any  Manner  of  Ways. 

(Parliamentary  History,  ed.  cit.,  Ill,  p.  88.) 

108.   Appeals  to  Rome  prohibited 

(1533) 

Parliamentary  History 

The  following  Act  was  a  further  severance  of  the  Church  of 
England  from  the  domination  of  the  See  of  Rome,  restraining 
the  Canonical  Courts  from  carrying  appeals  to  the  Pope.  The 
terse  comment  at  the  end,  written  by  the  author  of  the  portion 
of  the  History  from  which  the  Act  is  quoted,  well  sums  up  the 
motive  for  the  action  taken. 

That  no  Appeals  should  be  made  out  of  this  Realm  for 
these  Reasons,  viz.  That  whereas  the  Kingdom  of  England 
was  a  just  Empire,  furnished  with  such  able  Persons,  both 
Spiritual  and  Temporal,  as  could  decide  all  Controversies 
arising  in  it :  And  whereas  Edward  I.  Edward  III.  Richard 
II.  Henry  IV.  and  other  Kings  of  this  Realm,  had  made 
sundry  Ordinances,  Laws,  and  Statutes,  for  the  Conservation 
of  the  Prerogative,  Liberties,  and  Pre-eminences  of  the  said 
Imperial  Crown,  and  of  the  Jurisdictions  Spiritual  and  Tem- 
poral of  the  same,  to  keep  it  from  the  Annoyance  of  the  See 
of  Rome,  as  also  from  the  Authority  of  other  foreign 
Potentates  attempting  the  Diminution  or  Violation  thereof: 
And  because,  notwithstanding  the  said  Acts,  divers  Appeals 
have  been  sued  to  the  See  of  Rome  in  Causes  Testamentary, 
Causes  of  Matrimony  and  Divorce,  Right  of  Tythes,  Ob- 
lations and  Obvertions,  to  the  great  Vexation  and  Charge 
of  the  King's  Highness  and  his  Subjects,  and  the  Delay  of 
Justice ;  and  forasmuch  as  the  Distance  of  the  Way  to  Rome 
is  such,  as  the  necessary  Proofs  and  true  Knowledge  of  the 
Cause  cannot  be  brought  thither,  and  represented  so  well  as 
in  this  Kingdom,  and  that  therefore  many  Persons  be  with- 
out Remedy,  it  is  therefore  enacted,  That  all  Causes  Testa- 
mentary, Causes  of  Matrimony  and  Divorces,  Tythes,  Obla- 
tions, and  Obventions,  either  commenced  or  depending  form- 
erly, or  which  hereafter  shall  commence  in  any  of. the 
King's  Dominions,  shall  be  heard,  discussed,  and  definitively 
determined  within  the  King's  Jurisdiction  and  Authority  in  the 
Courts  Spiritual  and  Temporal  of  the  same,  any  foreign  Inhi- 
bition or  Restraints  to  the  contrary  notwithstanding:  So  that, 
altho'  any  Excommunication  or  Interdiction  on  this  Occasion 
should  follow  from  that  See,  the  Prelates  and  Clergy  of  this 


HENRY  Fill.  AND  THE  CHURCH  237 

Realm  should  administer  Sacraments,  and  say  Divine  Serv- 
ice, and  do  all  other  their  Duties,  as  formerly  hath  been 
used,  upon  Penalty  of  One  Year's  Imprisonment,  and  Fine  at 
the  King's  Pleasure ;  and  they  who  procured  the  said  Sen- 
tences should  fall  into  a  Prccmunirc.  As  for  the  Orders  to 
be  observed  henceforth,  it  was  enacted,  That  in  Suits  com- 
menced before  the  Arch-Deacon  or  his  Officials,  Appeal 
might  be  made  to  the  Bishop  of  the  said  See ;  and  from 
thence,  within  fifteen  Days,  to  the  Archbishop  of  Canter- 
bury, or  Archbishop  of  York,  respectively  in  their  Provinces, 
and  so  likewise  to  the  Archbishops  in  the  King's  other  Do- 
minions. Or  if  Suit  be  commenced  before  the  Arch-Deacon 
or  any  Archbishop  or  his  Commissaries,  then  appeal  may  be 
made  within  fifteen  Days  to  the  Court  of  Arches,  and  so  to 
the  Archbishops  without  further  Appeal :  In  all  which  Cases 
the  Prerogative  of  the  Archbishop  and  Church  of  Canter- 
bury was  reserved.  That  if  any  Suit  arose  betwix  the  King 
and  his  Subjects,  Appeal  might  be  made  within  fifteen  Days 
to  the  Prelates  of  the  Upper  House  in  the  Convocation  then 
sitting,  or  next  called  by  the  King's  Writ,  there  to  be  finally 
determined:  And  that  they  who  shall  take  out  any  Appeal 
contrary  to  the  Effect  of  this  Act,  or  refuse  to  obey  it,  they, 
their  Adherents,  and  Counsellors,  shall  incur  the  Penalty 
of  the  Statute  of  16  Richard  II.  —  And  it  is  natural  to  sup- 
pose, that  the  Spirituality,  finding  the  Power,  invested  for- 
merly in  the  Pope,  to  be  devolved  now  in  great  part  on  them, 
did  more  easily  suffer  the  Diminution  of  Papal  Authority. 

(Parliamentary  History,  ei  cit.,  Ill,  p.  93.) 

109.   Henry's  Attitude  toward  Heretics 

(25  HENRY  VIII.,  c.  14,  1533-34) 

Statutes  at  Large  of  England 

Henry's  laws  against  heretics  were  intended  to  strike  a  blow 
at  the  exercise  of  the  papal  power  in  England,  but  they  also 
show  that  his  antagonism  was  against  the  headship  of  the  Pope 
and  not  against  the  prevailing  faith.  To  Henry,  the  Church 
of  Rome  was  the  true  Church;  he  cherished  the  idea  that  he 
could  in  England  take  the  place  hitherto  held  by  the  Pope,  and 
yet  preserve  the  doctrines  of  the  Church  in  their  entirety.  He 
was  therefore  as  severe  in  his  enactments  against  heretics  as  in 
those  against  traitors. 

AN    ACT    FOR    PUNISHMENT    OF    HERESY 

I.  (Preamble.) 

II.  And  nevertheless  forasmuch  as  the  most  foul  and  de- 
testable crime  of  heresy  should  not  hereafter  grow  and  in- 


238  SOURCE-BOOK  OF  ENGLISH  HISTORY 

crease,  but  utterly  be  abhorred,  detested,  and  eradicate,  nor 
that  any  heretics  should  be  favoured,  but  that  they  should 
have  condign  and  sufficient  punishment,  and  for  the  repres- 
sion of  heretics  and  such  erroneous  opinions  in  time  coming: 
be  it  established,  ordained,  and  enacted  by  the  authority  of 
this  present  Parliament,  that  the  statute  made  in  the  fifth 
year  of  your  noble  progenitor  King  Richard  the  Second,  and 
the  statute  made  in  the  second  year  of  King  Henry  the  Fifth 
[Fourth],  concerning  punishment  and  reformation  of  Here- 
tics and  Lollards,  and  every  provision  therein  contained,  not 
being  repugnant  to  this  Act,  shall  be,  and  stand,  in  their 
force,  strength,  and  effect. 

Sheriffs  in  their  turns,  and  Stewards  in  their  leets,  rapes, 
and  wapentakes,  shall  have  authority  to  inquire  of  heretics; 
and  every  such  presentment  made  in  any  turn,  leet,  etc.,  con- 
cerning heretics,  shall  be  certified  to  the  Ordinary.  Every 
person  presented  or  indicted  of  any  heresy,  or  duly  accused 
by  two  lawful  witnesses,  may  be  cited,  arrested,  or  taken  by 
an  Ordinary,  or  other  of  the  King's  subjects,  and  committed 
to  the  Ordinary,  to  answer  in  open  court,  and  being  convicted 
shall  abjure  his  heresies,  and  refusing  so  to  do,  or  falling 
into  relapse,  shall  be  burned  in  an  open  place  for  example  of 
others. 

HI.— VI. 

VII.  And  where  the  great  number  of  the  King's  subjects 
having  little  or  no  knowledge  of  letters  have  been  put  in  opin- 
ion, that  by  divers  laws,  decrees,  ordinances,  and  constitu- 
tions heretofore  made  by  the  bishop  of  Rome,  called  the  Pope, 
and  his  predecessors,  or  by  their  authorities,  for  the  ad- 
vancement of  their  worldly  glory  and  ambition,  every  man 
that  in  any  thing  speaketh  or  doth  against  the  said  pre- 
tended power  or  authority  of  the  same  bishop  of  Rome,  or 
any  of  the  said  laws,  decrees,  ordinances,  and  constitutions, 
standeth  in  danger  and  is  impeachable  of  heresy;  which  ef- 
fect or  matter,  nor  any  such  laws,  decrees,  ordinances,  or 
constitutions,  not  approved  and  confirmed  by  Holy  Scripture, 
was  never  commonly  accepted  or  confirmed  to  be  any  law  of 
God  or  man  within  this  realm.  "No  speaking,  doing,  com- 
munication, or  holding  against  the  Pope,  nor  any  speaking, 
doing,  communication,  or  holding  against  any  laws  called 
spiritual  laws,  made  by  authority  of  the  See  of  Rome,  re- 
pugnant to  the  laws  and  statutes  of  this  realm  or  the  King's 
prerogative  royal,  shall  be  reputed  heresy,  or  punishable  as 
such."  ''Persons  accused  or  indicted  of  heresy  may  be  let  to 


HENRY  VIII.  AND  THE  CHURCH  239 

bail  by  the  Ordinaries,  or  by  two  justices  of  peace,  except 
the  Ordinary  declare  to  the  King's  Council  a  reasonable 
cause  why  they  should  not  be  bailed." 

(Ed.  from  Statutes  at  Large  of  England  and  Great  Britain,  Lond.,  1811. 
Ill,  p.  156.) 

1 10.   Submission  of  the  Clergy 

(25  HENRY  VIII.,  c.  19,  1533-34) 

Statutes  at  Large  of  England. 

In  the  following  Act,  Henry  practically  assumes  dominion 
over  the  English  Church.  Sections  I,  II,  and  VII  were  recited 
in  a  later  Act  and  continued  for  three  years.  Later  again, 
similar  provisions  were  made,  to  endure  for  the  life  of  the  king. 
The  effect  of  these  enactments  was  to  legally  vest  in  the  king 
that  appellate  jurisdiction  which  had  hitherto  been  the  prero- 
gative of  the  Pope,  and  to  abolish  the  control  of  convocations 
over  ecclesiastical  affairs. 

AN    ACT   FOR   THE    SUBMISSION    OF   THE    CLERGY   TO   THE    KING'S 
MAJESTY 

I.  Where  the  King's  humble  and  obedient  subjects,  the 
clergy  of  this  realm  of  England,  have  not  only  acknowledged 
according  to  the  truth,  that  the  convocations  of  the  same 
clergy  are  always,  hath  been,  and  ought  to  be,  assembled  only 
by  the  King's  writ,  but  also  submitting  themselves  to  the 
King's  Majesty,  have  promised  in  vcrbo  sacerdocii  that  they 
will  never  from  henceforth  presume  to  attempt,  allege,  claim, 
or  put  in  use,  or  enact,  promulgate  or  execute  any  new  can- 
ons, constitutions,  ordinance  provincial  or  other,  or  by  what- 
soever other  name  they  shall  be  called  in  the  convocation, 
unless  the  King's  most  royal  assent  and  license  may  to  them 
be  had,  to  make,  promulgate,  and  execute  the  same,  and  that 
his  Majesty  do  give  his  most  royal  assent  and  authority  in 
that  behalf:  And  whereas  divers  constitutions,  ordinances, 
and  canons,  provincial  or  synodal,  which  heretofore  have 
been  enacted,  and  be  thought  not  only  to  be  much  preju- 
dicial to  the  King's  prerogative  royal,  and  repugnant  to  the 
laws  and  statutes  of  this  realm,  but  also  overmuch  onerous 
to  his  Highness  and  his  subjects ;  the  said  clergy  have  most 
humbly  besought  the  King's  Highness  that  the  said  con- 
stitutions and  canons  may  be  committed  to  the  examination 
and  judgment  of  his  Highness,  and  of  two-and-thirty  per- 
sons of  the  King's  subjects,  whereof  sixteen  to  be  of  the 
Upper  and  Nether  House  of  the  Parliament  of  the  tempo- 
ralty,  and  the  other  sixteen  to  be  of  the  clergy  of  this  realm ; 
and  all  the  said  two-and-thirty  persons  to  be  chosen  and 


24o  SOURCE-BOOK  OF  ENGLISH  HISTORY 

appointed  by  the  King's  Majesty;  and  that  such  of  the  said 
constitutions  and  canons  as  shall  be  thought  and  determined 
by  the  said  two-and-thirty  persons,  or  the  more  part  of  them, 
worthy  to  be  abrogated  and  annulled,  shall  be  abolished  and 
made  of  no  value  accordingly ;  and  such  other  of  the  same 
constitutions  and  canons  as  by  the  said  two-and-thirty,  or 
the  more  part  of  them,  shall  be  approved  to  stand  with  the 
laws  of  God  and  consonant  to  the  laws  of  this  realm,  shall 
stand  in  their  full  strength  and  power,  the  King's  most  royal 
assent  being  first  had  and  obtained  to  the  same :  Be  it  there- 
fore now  enacted  by  authority  of  this  present  Parliament 
according  to  the  said  submission  and  petition  of  the  said 
clergy,  that  they,  nor  any  of  them  from  henceforth,  shall 
presume  to  attempt,  allege,  claim,  or  put  in  use  any  constitu- 
tions or  ordinance,  provincial  or  synodal,  or  any  other  can- 
ons, nor  shall  enact,  promulgate,  or  execute  any  such  canons, 
constitutions,  or  ordinances  provincial,  by  whatsoever  name 
or  names  they  may  be  called,  in  their  convocations  in  time 
coming  (which  always  shall  be  assembled  by  authority  of 
the  King's  writ)  unless  the  same  clergy  may  have  the  King's 
most  royal  assent  and  license  to  make,  promulgate,  and 
execute  such  canons,  constitutions,  and  ordinances,  provin- 
cial or  synodal ;  upon  pain  of  every  one  of  the  said  clergy 
doing  contrary  to  this  Act,  and  being  thereof  convicted,  to 
suffer  imprisonment,  and  make  fine  at  the  King's  will. 

II.  And  forasmuch  as  such  canons,  constitutions,  and  or- 
dinances, as  heretofore  have  been  made  by  the  clergy  of  this 
realm,  cannot  now  at  the  session  of  this  present  Parliament, 
by  reason  of  shortness  of  time,  be  viewed,  examined,  and 
determined  by  the  King's  Highness  and  thirty-two  persons 
to  be  chosen  and  appointed  according  to  the  petition  of  the 
said  clergy  in  form  above  rehearsed ;  Be  it  therefore  enacted 
by  authority  aforesaid,  That  the  King's  Highness  shall  have 
power  and  authority  to  nominate  and  assign,  at  his  pleasure, 
the  said  two-and-thirty  persons  of  his  subjects,  whereof  six- 
teen [are]  to  be  of  the  clergy  and  sixteen  to  be  of  the  tempo- 
ralty  of  the  Upper  and  Nether  House  of  the  Parliament ;  and 
if  any  of  the  said  two-and  thirty  persons  so  chosen  shall  hap- 
pen to  die  before  their  full  determination,  then  his  Highness 
to  nominate  other  from  time  to  time  of  the  said  two  Houses 
of  the  Parliament,  to  supply  the  number  of  the  said  two-and- 
thirty;  and  that  the  same  two-and-thirty,  by  his  Highness 
.so  to  be  named,  shall  have  poxver  and  authority  to  view, 
search,  and  examine  the  said  canons,  constitutions,  and  or- 


HENRY  VIII.  AND  THE  CHURCH  241 

dinances,  provincial  and  synodal  heretofore  made ;  and  such 
of  them  as  the  King's  Highness  and  the  said  two-and-thirty, 
or  the  more  part  of  them,  shall  deem  and  adjudge  worthy  to 
be  continued,  kept,  and  obeyed,  shall  be  from  thenceforth 
kept,  obeyed,  and  executed  within  this  realm,  so  that  the 
King's  most  royal  assent  under  his  great  seal  be  first  had 
to  the  same;  and  the  residue  of  the  said  canons,  constitu- 
tions, and  ordinances  provincial  which  the  King's  Highness, 
and  the  said  two-and-thirty  persons,  or  the  more  part  of 
them,  shall  not  approve,  or  deem  and  judge  worthy  to  be 
abolished,  abrogated,  and  made  frustrate,  shall  from  thence- 
forth be  void  and  of  none  effect,  and  never  be  put  in  execu- 
tion within  this  realm.  Provided  always,  That  no  canons, 
constitutions,  or  ordinances  shall  be  made  or  put  in  execution 
within  this  realm  by  authority  of  the  convocation  of  the 
clergy,  which  shall  be  contrary  or  repugnant  to  the  King's 
prerogative  royal,  or  the  customs,  laws,  or  statutes  of  this 
realm ;  anything  contained  in  this  Act  to  the  contrary  hereof 
notwithstanding. 

III.  And   be   it   further   enacted   by   authority   aforesaid, 
That  from  the  feast  of  Easter,  which  shall  be  in  the  year  of 
our  Lord  God  one  thousand  five  hundred  and  thirty-four,  no 
manner  of  appeals  shall  be  had  provoked  or  made  out  of  this 
realm,  or  out  of  any  of  the  King's  dominions,  to  the  bishop  of 
Rome,  nor  to  the  See  of  Rome,  in  any  causes  or  matters 
happening  to  be  in  contention,  and  having  their  commence- 
ment and  beginning  in  any  of  the  courts  within  this  realm, 
or  within  any  of  the  King's  dominions,  of  what  nature,  con- 
dition, or  quality  soever  they  be  of;  but  that  all  manner  of 
appeals,  of  what  nature  or  condition  soever  they  be  of,  or 
what  cause  or  matter  soever  they  concern,  shall  be  made  and 
had  by  the  parties  aggrieved  or  having  cause  of  appeal, 
after   such   manner,    form,   and   condition   as   is   limited   for 
appeals  to  be  had  and  prosecuted  within  this  realm  in  causes 
of  matrimony,  tithes,  oblations,  and  obventions,  by  a  statute 
thereof  made   and   established   since   the  beginning   of  this 
present  Parliament,  and  according  to  the  form  and  effect 
of  the  said  statute ;  any  usage,  custom,  prescription,  or  any 
thing  or  things  to  the  contrary  hereof  notwithstanding. 

IV.  And  for  lack  of  justice  at  or  in  any  the  courts  of 
the   archbishops   of   this   realm,   or   in   any   the   King's   do- 
minions, it  shall  be  lawful  to  the  parties  grieved,  to  appeal 
to  the  King's  Majesty  in  the  King's  Court  of  Chancery;  and 
that  upon  every  such  appeal,  a  commission  shall  be  directed 


2\2  SOURCE-BOOK  OF  EXGLISIl  HISTORY 

under  the  Great  Seal  to  such  persons  as  shall  be  named  by 
the  King's  Highness,  his  heirs  or  successors,  like  as  in  case 
of  appeal  from  the  Admiral's  Court,  to  hear  and  definitively 
determine  such  appeals,  and  the  causes  concerning  the  same : 
Which  commissioners,  so  by  the  King's  Highness,  his  heirs 
or  successors,  to  be  named  or  appointed,  shall  have  full 
power  and  authority  to  hear  and  definitively  determine  every 
such  appeal,  with  the  causes  and  all  circumstances  concern- 
ing the  same;  and  that  such  judgment  and  sentence  as  the 
said  commissioners  shall  make  and  decree  in  and  upon  any 
such  appeal  shall  be  good  and  effectual,  and  also  definitive; 
and  no  further  appeals  to  be  had  or  made  from  the  said  com- 
missioners for  the  same. 

V.  And  if  any  person  or  persons,  at  any  time  after  the 
said  feast  of  Easter,  provoke  or  sue  any  manner  of  appeals, 
of  what  nature  or  condition  soever  they  be,  to  the  said  bishop 
of  Rome,  or  to  the  See  of  Rome,  or  do  procure  or  execute 
any  manner  of  process  from  the  See  of  Rome,  or  by  authority 
thereof,  to  the  derogation  or  let  of  the  due  execution  of  this 
Act,  or  contrary  to  the  same,  that  then  every  such  person  or 
persons  so  doing,  their  aiders,  councillors,  and  abettors,  shall 
incur   and  run   into  the  dangers,   pains,   and  penalties   con- 
tained and  limited  in  the  Act  of  Provision  and  Prccmunire 
made  in  the  sixteenth  year  of  the  King's  most  noble  pro- 
genitor, King  Richard  the  Second,  against  such  as  sue  to  the 
court   of   Rome   against   the   King's   crown   and   prerogative 
royal. 

VI.  Provided  always,  That  all  manner  of  provocations  and 
appeals  hereafter  to  be  had,  made,  or  taken  from  the  juris- 
diction of  any  abbots,  priors,  or  other  heads  and  governors  of 
monasteries,   abbeys,   priories,   and  other  houses   and   places 
exempt,   in   such   cases   as   they   were   wont   or  might   afore 
the  making  of  this  Act,  by  reason  of  grants  or  liberties  of 
such  places  exempt,  to  have  or  make  immediately  any  appeal 
of  provocation  to  the  bishop  of  Rome,  otherwise  called  Pope, 
or  to  the  See  of  Rome,  that  in  all  these  cases  every  person 
and  persons,  having  cause  of  appeal   or  provocation,   shall 
and  may  take  and  make  their  appeals  and  provocations  im- 
mediately to  the  King's  Majesty  of  this  realm,  into  the  Court 
of  Chancery,  in  like  manner  and  form  as  they  used  afore  to 
do  to  the  See  of  Rome;  which  appeals  and  provocations  so 
made   shall   be  definitively  determined  by  authority  of  the 
King's  commission,  in  such  manner  and  form  as  in  this  Act 
is  above-mentioned;  so  that  no  archbishop  nor  bishop  of  this 


HENRY  VIII.  AND  THE  CHURCH  243 

realm  shall  intermit  or  meddle  with  any  such  appeals,  other- 
wise or  in  any  other  manner  than  they  might  have  done  be- 
fore the  making  of  this  Act;  any  thing  in  this  Act  to  the 
contrary  thereof  notwithstanding. 

VII.  Provided  also,  That  such  canons,  constitutions,  or- 
dinances, and  synodals  provincial  being  already  made,  which 
be  not  contrary  or  repugnant  to  the  laws,  statutes,  and  cus- 
toms of  this  realm,  nor  to  the  damage  or  hurt  of  the  King's 
prerogative  royal,  shall  now  still  be  used  and  executed  as 
they  were  before  the  making  of  this  Act,  till  such  time  as 
they  be  viewed,  searched,  or  otherwise  ordered  or  determined 
by  the  said  two-and-thirty  persons,  or  the  more  part  of  them, 
according  to  the  tenor,  form,  and  effect  of  this  Present  Act. 

(Ed.  from  Statutes  at  Large,  ed.  cit.,  Ill,  p.  162.) 

in.    The  Act  of  Supremacy 

(26  HBNRY  VIII,  c.  i,  1535) 

Statutes  at  Large  of  England 

The  Act  of  Supremacy  was  little  more  than  an  ex  post  facto 
announcement,  yet  it  had  far-reaching  effect.  It  left  no  ground 
for  retreat;  the  position  so  assumed  must  be  at  all  hazards 
maintained. 

THE    KING'S   GRACE   TO   BE    ACKNOWLEDGED   SUPREME    HEAD 

Albeit  the  king's  majesty  justly  and  rightfully  is  and 
ought  to  be  the  supreme  head  of  the  Church  of  England,  and 
so  is  recognized  by  the  clergy  of  this  realm  in  their  con- 
vocations, yet  nevertheless  for  corroboration  and  confirma- 
tion thereof,  and  for  increase  of  virtue  in  Christ's  religion 
within  this  realm  of  England,  and  to  repress  and  extirp  all 
errors,  heresies,  and  other  enormities  and  abuses  heretofore 
used  in  the  same :  Be  it  enacted  by  authority  of  this  present 
Parliament,  that  the  king  our  sovereign  lord,  his  heirs  and 
successors,  kings  of  this  realm,  shall  be  taken,  accepted,  and 
reputed  the  only  supreme  head  in  earth  of  the  Church  of  Eng- 
land, called  Anglicana  Ecclesia;  and  shall  have  and  enjoy, 
annexed-  and  united  to  the  imperial  crown  of  this  realm,  as 
well  the  title  and  style  thereof,  as  all  honours,  dignities,  pre- 
eminencies,  jurisdictions,  privileges,  authorities,  immunities, 
profits,  and  commodities,  to  the  said  dignity  of  supreme  head 
of  the  same  church  belonging  and  appertaining. 

And  that  our  said  sovereign  lord,  his  heirs  and  successors, 
kings  of  this  realm,  shall  have  full  power  and  authority  from 
time  to  time  to  visit,  repress,  redress,  reform,  order,  correct, 
restrain,  and  amend  all  such  errors,  heresies,  abuses,  of- 


244  SOURCE-BOOK  OF  ENGLISH  HISTORY 

fences,  contempts,  and  enormities,  whatsoever  they  be,  whicr 
by  any  manner  spiritual  authority  or  jurisdiction  ought  or 
may  lawfully  be  reformed,  repressed,  ordered,  redressed,  cor- 
rected, restrained,  or  amended,  most  to  the  pleasure  of  Al- 
mighty God,  the  increase  of  virtue  in  Christ's  religion,  and  for 
the  conservation  of  the  peace,  unity,  and  tranquility  of  this 
realm ;  and  usage,  custom,  foreign  laws,  foreign  authority, 
prescription,  or  any  other  thing  or  things  to  the  contrary 
hereof  notwithstanding. 

(Ed.  from  Statutes  at  Large,  ed.  cit.,  Ill,  p.  187.) 


112.   Denial  of  the  Authority  of  the  Pope 

(28  HENRY  VIII.,  c.  10,  1536-37) 

Statutes  at  Large  of  England 

The  absolute  renunciation  of  all  allegiance  to  the  See  of  Rome 
was  the  natural  corollary  to  the  Act  of  Supremacy,  and  the  Act 
containing  this  renunciation  is  one  of  the  shortest  in  the  statute 
books.  Yet  its  meaning  was  unmistakable,  and  it  gave  promise 
of  stern  determination.  The  Act  was  repealed  by  the  general 
words  of  I  and  II.  Philip  and  Mary,  c.  VIII ;  but  it  was  after- 
ward practically  re-affirmed  by  Elizabeth. 


AN    ACT    EXTINGUISHING    THE    AUTHORITY    OF    THE    BISHOP    OF 

ROME 

If  any  person  shall  extol  the  authority  of  the  bishop  of 
Rome,  he  shall  incur  the  penalty  of  prccmunirc  provided  by 
Stat.  16  R.  2  c.  5.  Every  ecclesiastical  and  lay  officer  shall 
be  sworn  to  renounce  the  said  bishop  and  his  authority,  and 
to  resist  it  to  his  power,  and  to  repute  any  oath  taken  in 
maintenance  of  the  said  bishop,  or  his  authority,  to  be  void ; 
and  the- refusing  of  the  said  oath,  being  tendered,  shall  be 
adjudged  high  treason. 

(Ed.  from  Statutes  at  Large,  ed.  cit.,  Ill,  p.  262.) 


113.   The  Dissolution  of  the  Monasteries 

(27  HENRY  VIII,  c.  28,  1535-36) 

Statutes  at  Large  of  England 

The  dissolution  of  the  lesser  monasteries  was  a  severe  blow 
to  the  Church  of  Rome.  The  following  Act  sets  forth  the  reasons 
assigned  for  the  suppression  of  these  houses,  as  well  as  the  de- 
termination that  they  shall  be  suppressed.  It  will  be  noted  that 
the  greater  monasteries  are  highly  spoken  of;  the  good  faith  of 
the  statements  can  be  judged  by  the  subsequent  destruction  of 
the  last  citadels  of  the  old  faith. 


HENRY  VIII.  AND  THE  CHURCH  245 

AN  ACT  THAT  ALL  RELIGIOUS  HOUSES  UNDER  THE  YEARLY 
REVENUE  OF  TWO  HUNDRED  POUNDS  SHALL  BE  DISSOLVED 
AND  GIVEN  TO  THE  KING  AND  HIS  HEIRS. 

"Forasmuch  as  manifest  synne,  vicious,  carnal,  and  abom- 
inable Living  is  daily  used  and  committed  commonly  in  such 
little  and  small  Abbeys,  Priories,  and  other  Religious  Houses 
of  Monks,  Canons,  and  Nuns,  where  the  Congregation  of 
such  Religious  Persons  is  under  the  Number  of  twelve  Per- 
sons, whereby  the  Governors  of  such  Religios  Houses  and 
their  Covent  spoyle,  destroye,  consume,  and  utterly  waste, 
as  well  their  Churches,  Monasteries,  Priories,  principal 
Houses,  Farms,  Granges,  Lands,  Tenements,  and  Heridita- 
ments,  as  the  Ornaments  of  their  Churches,  and  their  Goods 
and  Chattels,  to  the  high  Displeasure  of  Almighty  God, 
Slander  of  good  Religion,  and  to  the  great  Infamy  of  the 
King's  Highness  and  the  Realm,  if  Redress  should  not  be  had 
thereof.  And  albeit  that  many  continual  Visitations  hath 
been  heretofore  had,  by  the  Space  of  two  hundred  Years 
and  more,  for  an  honest  and  charitable  Reformation  of  such 
unthrifty,  carnal,  and  abominable  living,  yet  nevertheless 
little  or  none  amendment  is  hitherto  had,  but  their  vicious 
living  shamelessly  increaseth  and  augmenteth,  and  by  a 
cursed  Custom  so  rooted  and  infected,  that  a  great  Multitude 
of  the  Religious  Persons  in  such  small  Houses  do  rather 
choose  to  rove  abroad  in  Apostacy,  than  to  conform  them- 
selves to  the  Observation  of  good  Religion ;  so  that,  without 
such  small  Houses  be  utterly  suppressed,  and  the  Religious 
Persons  therein  committed  to  great  and  honourable  Monas- 
teries of  Religion  in  this  Realm,  where  they  may  be  com- 
pelled to  live  religiously,  for  Reformation  of  their  lives,  the 
same  else  be  no  Redress  nor  Reformation  in  that  Behalf.  In 
Consideration  whereof,  the  King's  most  Royal  Majesty  being 
supreme  Head  on  Earth,  under  God,  of  the  Church  of  Eng- 
land, dayly  studying  and  devysing  the  Increase,  Advance- 
ment, and  Exaltation  of  true  Doctrine  and  Virtue  in  the  said 
Church,  to  the  only  Glory  and  Honour  of  God,  and  the  total 
extirping  and  Dystruction  of  Vice  and  Sin,  having  Knowl- 
edge that  the  Premisses  be  true,  as  well  by  the  Accompts  of 
his  late  Visitations,  as  by  sundry  credible  Informations, 
considering  also  that  diverse  and  great  solemn  Monasteries 
of  this  Realm,  wherein  (Thanks  be  to  God)  Religion  is 
right  well  kept  and  observed,  be  destitute  of  such  full  Num- 
ber of  Religious  Persons,  as  they  ought  and  may  keep,  hath 


246  SOURCE-BOOK  OF  ENGLISH  HISTORY 

thought  good  that  a  plain  Declaration  should  be  made  of 
the  Premisses,  as  well  to  the  Lords  Spiritual  and  Temporal, 
as  to  other  his  loving  Subjects  the  Commons,  in  this  present 
Parliament  assembled:  Whereupon  the  said  Lords  and 
Commons,  by  a  great  Deliberation,  finally  be  resolved,  that 
it  is  and  shall  be  much  more  to  the  Pleasure  of  Almighty 
God,  and  for  the  Honour  of  this  his  Realm,  that  the  Pos- 
sessions of  such  small  Religious  Houses,  now  being  spent, 
spoiled,  and  wasted  for  Increase  and  Maintenance  of  Sin. 
should  be  used  and  committed  to  better  Uses,  and  the  un- 
thrifty Religious  Persons,  so  spending  the  same,  to  be  com- 
pelled to  reform  their  Lives."  And  thereupon  most  humbly 
desire  the  King's  Highness  that  it  may  be  enacted  by  Au- 
thority of  this  present  Parliament,  That  his  Majesty  shall 
have  and  enjoy  to  him  and  his  Heirs  for  ever,  all  and  singu- 
lar such  Monasteries,  Priories,  and  other  Religious  Houses 
of  Monks,  Canons,  and  Nuns,  of  what  kinds  of  Diversities 
of  Habits,  Rules,  or  Order  soever  they  be  called  or  named, 
which  have  not  in  Lands,  Tenements,  Rents,  Tithes,  Por- 
tions, and  other  Hereditaments  above  the  clear  yearly  Value 
of  two  hundred  Pounds.  And  in  like  manner  shall  have  and 
enjoy  all  the  Sites  and  Circuits  of  every  such  Religious 
Houses,  and  all  and  singular  the  Manors,  Granges,  Meases, 
Lands,  Tenements,  Rents,  Reversions,  Services  , Tithes,  Pen- 
sions, Portions,  Churches,  Chapels,  Advowsons,  Patronages, 
Annuities,  Rights,  Entries,  Conditions,  and  other  Heredita- 
ments appertaining  or  belonging  to  every  such  Monastery, 
Priory,  or  other  Religious  House,  not  having,  as  is  afore 
said,  above  the  said  clear  yearly  Value  of  two  hundred 
Pound,  in  as  large  and  ample  manner  as  the  Abbots,  Priors, 
Abbesses,  Prioresses,  and  other  Governors  of  such  Monas- 
teries, Priories,  and  other  Religious  Houses  now  have  or 
ought  to  have  the  same  in  the  right  of  their  Houses.  And 
that  also  his  Highness  shall  have  to  him  and  to  his  Heirs 
all  and  singular  such  Monasteries,  Abbeys,  and  Priories 
which  at  any  Time  within  one  Year  next  before  the  making  of 
this  Act  hath  been  given  and  granted  to  his  Majesty  by  any 
Abbot,  Prior,  Abbess,  or  Prioress,  under  their  Covent  Seals, 
or  that  otherwise  hath  been  suppressed  or  dissolved,  and  all 
and  singular  the  Manors,  Lands,  Tenements,  Rents,  Services, 
Reversions,  Tithes,  Pensions,  Portions,  Churches,  Chapels, 
Advowsons,  Patronages,  Rights,  Entries,  Conditions,  and  all 
other  Interests  and  Hereditaments  to  the  same  Monasteries, 
Abbeys,  and  Priories,  or  to  any  of  them  appertaining  or  be- 


HENRY  VIII.  AND  THE  CHURCH  2*7 

longing;  to  have  and  to  hold  all  and  singular  the  Premisses 
with  all  their  Rights, .  Jurisdictions,  and  Commodities,  unto 
the  King's  Majesty,  and  his  Heirs  and  Assigns  for  ever,  to 
do  and  use  therewith  his  and  their  own  Wills,  to  the  Pleasure 
of  Almighty  God,  and  to  the  Honour  and  Profit  of  this 

Realm.  (Ed.  from  Statutes  at  Large,  ed.  cit.,  Ill,  p.  256.) 

114.   Confession  made  with  Surrender  of  a  Monastery 

Records,  Burnet 

When  the  monasteries  were  surrendered,  their  heads  were  in- 
duced by  promises  or  threats  to  make  confessions  justifying  the 
action  of  the  king.  The  document  given  is  typical  of  the  rest, 
and  its  veracity  is  at  least  questionable,  however  the  falsehood 
may  have  been  excused  by  the  necessities  of  the  case. 

Forasmuch  as  we,  Richard  Green,  abbot  of  our  monastery 
of  our  blessed  Lady  St.  Mary  of  Betlesden,  and  the  convent 
of  the  said  monastery,  do  profoundly  consider,  That  the 
whole  manner  and  trade  of  living,  which  we  and  our  pre- 
tensed  religion  have  practised,  and  used  many  days,  does 
most  principally  consist  in  certain  dumb  ceremonies,  and 
other  certain  constitutions  of  the  bishops  of  Rome,  and  other 
forinsecal  potentates,  as  the  abbot  of  Cistins,  and  therein  only 
noseled,  and  not  taught  in  the  true  knowledge  of  God's 
laws,  procuring  always  exemptions  of  the  bishops  of  Rome 
from  our  ordinaries  and  diocesans :  submitting  ourselves 
principally  to  forinsecal  potentates  and  powers,  which  never 
came  here  to  reform  such  disorders  of  living  and  abuses,  as 
now  have  been  found  to  have  reigned  among  us.  And  there- 
fore now  assuredly  knowing,  that  the  most  perfect  way  of 
living  is  principally  and  sufficiently  declared  unto  us  by  our 
master  Christ,  his  evangelists  and  apostles,  and  that  it  is 
most  expedient  for  us  to  be  governed  and  ordered  by  our 
Supreme  Head,  under  God,  the  king's  most  noble  grace,  with 
our  mutual  assent  and  consent,  submit  ourselves,  and  every 
one  of  us,  to  the  most  benign  mercy  of  the  king's  majesty; 
and  by  these  presents  do  surrender,  etc. 

(Collection  of  Records  in  vol.  II,  p.  LXVII,  History  of  the  Reformation  of  the 
Church  of  England,  G.  Burnet,  Lond.,  1880.) 

115.  Directions  for  Visitation  of  Monasteries 

Records,  Burnet 

Before  a  religious  house  was  suppressed  if  was  visited  and 
inspected.  The  general  directions  to  the  king's  agents  are  given 
in  the  important  document  given  below.  This  is  presented  in 
full  because  of  its  great  value  in  describing  the  ideal  manage- 


24S  SOURCE-BOOK  OP  ENGLISH  HISTORY 

ment  of  a  monastery  and  its  implication  of  prevailing  irregulari- 
ties. 

INSTRUCTIONS     FOR    THE    GENERAL    VISITATION    OF    THE 
MONASTERIES 

Articnli  Regicc  Inqisitionis,  in  Monasticam  vitam  agcntcs, 
cxponcndi,  ct  pracipuc  in  cxcmptos  a  jurisdictione  Dioccc- 
sana,  jam  tantum  Regie?  Majcstati  et  ejus  jurisdictioni  sub- 
ditos  ct  subjcctos,  ac  hujus  inclyti  sui  Rcgni  Statntis  ct  legi- 
bus,  nullisq;  aliis  pcnitus,  obnoxios  ct  astrictos. 

1.  In  primis,   Whether   divine   service  be   solemnly   sung-, 
said,  observed,  and  kept,  in  this  monastery,  according  to  the 
number  and  the  abilities  thereof,  by  night  and  by  day,  in  due 
time   and   hours  ?  and   how   many  be   present   commonly   at 
mattins,  and  other  service,  and  who  be  absent,  and  so  accus- 
tomed to  be,  without  cause  or  sickness? 

2.  Item,  How  many  monks,  canons  regulars,  or  nuns,  be 
within   this   monastery,   and   how   many  there   ought  to  be, 
and  whether  the  number  be  complete  according  to  the  foun- 
der's will,  or  the  statutes,  ordinances,  and  laudible  custom  of 
this  house;  and  whether  the  number  be  augmented  or  dimin- 
ished now  of  late? 

3.  Item,  Who  were  the  first  founders  of  this  house? 

Fundationem  primam,  sccundam,  tertiam,  ct  quot- 
quot  habcnt,  exhibcant. 

4.  Item,   Whether  this   house  hath  had  any   increase   of 
lands  given  to  it  sithence  the  first  foundation  thereof?  by 
whom  ?  by  how  many  ?  and  when  ? 

5.  Item,    To    what    sum    of    money    those    revenues    and 
rents  of  this  house  do  extend  and  amount  unto  yearly. 

6.  Item,   Whether   this  house   was   ever   translated    from 
one  habit  and  order  to  another?    by  whose  authority?    and 
for  what  cause  ? 

Translationem  exhibcant. 

7.  Item,  How  the  lands  and  possessions  appertaining  unto 
this   monastery,   given   by   the   first   founder,   and   all   other 
lands    given    sithence    the    first    foundation,    were    granted; 
given,  and  established,  and  so  first  brought  to  morte  main? 
whether  by  the  only  authority  of  the  giver,  or  by  the  author- 
ization of  the  prince  for  that  time  reigning,  and  by  what 
tenor  and  form  ye  hold  them? 

Donationem  ct  Confirmationem  exhibeant. 


HENRY  VIII.  AND  THE  CHURCH  249 

8.  Item,  What  evidence  have  you  to  show  for  all  and  sin- 
gular your  lands,  manors,  tenements,  and  other  your  posses 
sons  mortisate,  and  given  unto  you,  and  this  your  monas- 
tery? 

9.  Item,  Wherefore,   for  what  causes   and  considerations 
ye  were  exempt  from  your  diocesan  ?    and  what  was  your 
suggestion  and  motive  at  the  obtaining  of  your  said  exemp- 
tion? 

Exemptionem  exhibeant. 

10.  Item,  Whether  ye    have  any  private,  peculiar,  or  local 
statutes,  confirmations,  ordinances,  or  rules,  made  only  for 
the  behoof,  good  order,  and  singular  weal  of  this  house,  be- 
sides the  rules  of  your  profession  ?    and  whether  they  were 
made  either  by  your  founders  before  your  exemption,  or  by 
the  good  fathers  of  this  house,  with  the  whole  consent  of  the 
brethren,  being  sinneth  your  exemption;    to  what  use  they 
were  made,  and  how  ye  observe  them? 

Statuta  ilia  localia,  et  alia  quotquot  habent,  exhibeant. 

11.  Item,  By  what  way  and  form  the  master  of  this  house 
was   elected    and    chosen?    And    whether    all   the    brethren 
having,  or  ought  to  have  by  the  law,  statutes,  or  laudable 
custom  of  this  house,  voices  in  the  election,  were  present 
in  the  same  election,  or  lawfully  called  or  cited  to  it? 

12.  Item,  Whether  any  persons  excommunicate,  suspended, 
or  interdicted,  did  give  voices  in  the  same  election? 

13.  Item,  Within  what  time  after  the  election  was  made 
and  done,  the  master  of  this  house  was  confirmed?  and  by 
whom  ? 

14.  Item,  Whether  unto  the  confirmation,  all  that  had  in- 
terest, or  that  would  object  against  the  same,  were  lawfully 
cited,  monished,  and  called? 

Exhibeat   Electionem,   Confirmationem,   et    Titu- 
lum  SU<B   Incumbentice. 

15.  Item,  What  rule  the  master  of  this  house,  and  other 
the  brethren,  do  profess  ? 

1 6.  Item,   How   many   be   professed,    and   how   many   be 
novices ;  and  whether  the  novices  have  like  habit,  or  use  to 
wear  an  habit  distinct  from  the  habit  of  the  brethren  pro- 
fessed? 

17.  Item,  Whether  ye  do  use  to  profess  your  novices  in  due 


250  SOURCE-BOOK  OF  ENGLISH  HISTORY 

time,  and  within  what  time  and  space  after  they  have  taken 
the  habit  upon  them? 

18.  Item,  Whether  the  brethren  of  this  house  do  know  the 
rule  that  they  have  professed,  and  whether  they  keep  their 
profession  according  to  that  their  rule  and  custom  of  this 
house;   an   in   especial,   the   three   substantial    and   principal 
vows,  that  is  to  say,  poverty,  chastity,  and  obedience. 

19.  Item,  Whether  any  of  the  brethren  use  any  propriety 
of  money  or  of  plate   in  their  chambers ;   or  of  any  other 
manner  thing  unwarre  of  the  master,  and  without  his  knowl- 
edge and  license,  or  by  his  sufferance  and  knowledge  ?  and 
for  what  cause? 

20.  ) 

21.  V       [These  relate  to  questions  of  chastity.] 

22.  ) 

23.  Item,  Whether  the  brethren  of  this  house  keep  their 
obedience,  being  ready  at  their  master's  commandment,   in 
all  things  honest,  lawful,  and  reasonable  ? 

Sequuntur  Regular  Cccrcmonialcs. 

24.  Item,    Whether    ye    do    keep    silence    in    the    church, 
cloister,  fraitry,  and  dormitory,  at  the  hours  and  time  spe- 
cified in  your  rule? 

25.  Item,  Whether  ye  do  keep  fasting  and  abstinence,  ac- 
cording  to    your    rules,    statutes,    ordinances,    and    laudable 
customs  of  this  house  ? 

26.  Item,  Whether  ye  abstain  from  flesh  in  time  of  Ad- 
vent, and  other  times  declared  and  specified  by  the  law,  rules, 
and  laudable  customs  of  this  house? 

27.  Item,  Whether  ye  wear  shirts  and  sheets  of  woollen, 
or  that  ye  have  any  constitution,  ordinance,  or  dispensation, 
granted  or  made  to  the  contrary,  by  sufficient  and  lawful 
authority? 

Profitentes  Regulam  Benedicts  quam  arctissime 
tenentur  ad  pradicta  Cccremonialia  obser- 
vanda. 

28.  Item,  Whether  ye  do  sleep  altogether  in  the  dormitory, 
under  one  roof,  or  not? 

29.  Item,  Whether  ye  have  all  separate  beds,  or  any  one 
of  you  doth  lay  with  another  ? 

30.  Item,   Whether   ye   do   keep   the    fraitry   at   meals,    so 
that  two  parts,   or  the  least,   the   two   part  of   the'  whole 


HENRY  VIII.  AND  THE  CHURCH  251 

covent  be  always  there,  unless  the  master  at  every  one  time 
dispense  with  you  to  the  contrary? 

31.  Item,  Whether,  ye  do  wear  your  religious  habit  con- 
tinually, and  never  leave  it  off  but  when  ye  go  to  bed? 

32.  Item,    Whether    every   brethren    of   this   house    have 
lightly  departed  hence,  and  hath  gone  to  any  other  house  of 
like  order  and  profession,  without  special  letters  and  license 
of  their  master? 

33.  Item,  Whether  the  master  and  brethren  of  this  house 
have  received  and  admitted  any  brother  of  another  house, 
without  special  license  and  letters  of  his  master  and  head? 

34.  Item,  Whether  any  of  you,  sithence  the  time  of  your 
profession,  hath  gone  out  of  this  house  to  his  friends,  or 
otherwise  ? 

35.  Item,  How  oftimes  he  did  so,  and  how  long  at  every 
time  ye  tarried  forth  ? 

36.  Item,  Whether  ye  had  special  license  of  your  master 
so  to  go  forth,  or  not  ? 

37.  Item,  Whether  at  every  time  of  your  being  forth,  ye 
changed  or  left  off  your  habit,  or  every  part  thereof? 

38.  Item,  Whether  ye,  or  any  of  you  be,  or  hath  been,  in 
manifest  apostacy,  that  is  to  say,  fugitives  or  vagabonds? 

39.  Item,   For  what  cause  or  occasion   ye  have   so  gone 
forth  and  been  in  apostacy?  and  whether  the  cause  of  your 
going   forth   was   by   reason   of   the   great   cruelty   of   your 
master,  or  by  his  negligence,  not  calling  you  home  to  your 
cloister? 

40.  Item,    Whether    ye    be    weekly    shaven,    and    do    not 
nourish   or   suffer  your  hair   to  be   long?   and   whether  ye 
wear  your  apparel  according  to  the  rule,  not  too  excessive 
nor  too  exquisite ;  and  in  likewise  the  trappos  of  your  horses, 
and  other  your  bearing  beasts? 

41.  Item,  Whether  the  master  and  head  of  this  house  do 
use  his  brethren  charitably,  without  partiality,  malice,  envy, 
grudge,  or  displeasure,  more  showed  to  one  than  to  another? 

42.  Item,  Whether  he  do  use  his  disciplines,  corrections, 
and  punishments  upon  his  brethren,  with  mercy,  pity,  and 
charity,  without  cruelty,   rigorousness,   and  enormous  hurt, 
no  more  favouring  one  than  another? 

43.  Item,  Whether  any  brother,  or  religious  person  of  this 
house,  be  incorrigible? 

44.  Item,  Whether  the  master  of  this  house  do  use  his 
brethren   charitably  when  they  be  sick  and  diseased?   and 
whether  in  time  of  their  sickness  he  do  procure  unto  them 
physicians,  and  all  other  necessaries,? 


252  SOURCE-BOOK  OF  ENGLISH  HISTORY 

45.  Item,  Whether  he  make  his  accompts  (as  he  ought  to 
do)    once   every   year  before  his  brethren,   and   chiefly   the 
seniors  and  officers,  to  the  intent  they  may  be  made  privy 
to  the  state  and  condition  of  the  house,  and  know  perfectly 
the   due   administration   thereof? 

46.  Item,  Whether  the  prior,  subprior,  sellerar,  kitchener, 
terrure,  sacristen,  or  any  such  like  officer,  having  adminis- 
tration of  every  manner  revenues  of  this  house,  do  make  his 
whole  and   true   accompt,   according  as   he   is  bound  to  do, 
not  applying  anything  by  him  received  to  his  own  proper 
use  or  commodity? 

47.  Item,  Whether  any  religious  person  of  this  house  do 
bear,   occupy,   or   exercise   more  offices   than   one,   for,   and 
to  his  own  singular  commodity,  advantage,  or  profit,  by  the 
partial  dealing  of  the  master? 

48.  Item,    Wliether    all    and    singular    the    revenues    and 
profits  of  this  house  be  converted  and  employed  to  the  be- 
hove and  use  thereof,  and  of  the  brethren,  according  to  the 
founder's  mind  and  giver? 

49.  Item,  Whether  the  master  do  make  sufficient  repara- 
tions upon  his  monastery,  as  the  church  and  all  other  hous- 
ing  thereto   adjoined,    and   also    upon    all    other    the   lands, 
granges,  farms,  and  tenements  belonging  to  the  same ;  and 
whether  he  suffer  any  dilapidation,  decay,  or  ruin  in  any  part 
of  them? 

50.  Item,  Whether  there  be  any  inventory  made  of  all  and 
singular  the  moveables,  goods,  which  from  time  to  time  have 
been,  and  yet  be  in  this  house,  as  of  jewels,  reliques,  orna- 
ments, vestiments,  ready  money,  plate,  bedding,  with  other 
utensils ;  also  of  corn,  chattels,  and  other  commodities,  to  the 
intent  the  state  and  condition  of  this  house  may  be  always 
known  ? 

51.  Item,  That  ye  express  truly  and  sincerely  the  whole 
state  and  condition  of  this  house,  as  in  money,  plate,  cattle, 
corn,  and  other  goods  ? 

52.  Item,  Whether  this  monastery  be  indebted?  to  whom? 
and  for  what  cause  ? 

53.  Item,  Whether  any  of  the  lands  be  sold,  or  mortgaged  ? 
and  for  what  sums? 

54.  Item,  Whether  any  be  let  to  farm  by  the  master  of  this 
house   for   term   of   years,   and    for   how   many   years  ?   and 
specially,  whether  they  be  letten  for  small  sums,  or  for  less 
sums  than  they  were  wont  to  be  letten  for,  to  the  intent  tq 
have  great  sums  of  ready  money  beforehand? 


HENRY  VIII.  AND  THE  CHURCH  253 

55.  Item,  Whether  he  do  enforce,  compel  or  constrain  his 
brethren,  or  any  of  them,  to  consent  to  the  sealing  of  any 
leases,  grants,  farm-holds,  annuities,  corrodies,  or  any  other 
alienations? 

56.  Item,  Whether  the  plate  and  jewels,  or  any  part  or 
parcel  thereof,  or  of  any  other  moveable  goods  of  this  house 
be  laid  to  pledge,  sold,  or  alienated  for  a  time,  or  for  ever? 
for  what  cause,  and  to  whom?  or  otherwise  embezzled,  or 
consumed  ? 

57.  Item,  Whether  the  master  of  this  house  be  wont  to 
give  under  his  seal  or  office,  or  convent-seal,  farms,  corrodies, 
annuities,  or  offices,  to  his  kinsfolk,  alliances,  friends,  or 
acquaintances,  for  term  of  years,  or  otherwise,  to  the  hurt, 
hindrance,  damage,  and  impoverishment  of  this  house  ? 

58.  Item,  Whether  he  be  wont  to  grant  any  patent,  or 
convent-seal,  without  the  consent  of  his  brethren? 

59.  Item,  Whether  the  convent-seal  of  this  house  be  surely 
and  safely  kept  under  three  keys ;  that  is  to  say,  one  remain- 
ing and  being  in  the  custody  of  the  master,  and  the  other 
two  in  the  custody  of  two  seniors? 

60.  Item,  Whether  the  muniments  and  evidences  of  the 
lands,  rents,  and  revenues  of  this  house,  be  safely  kept  from 
vermin  and  moistness  ? 

61.  Item,  Whether  the  master  do  keep  hospitality  accord- 
ing to  the  ability  of  his  house,  and  in  like  manner  as  other 
fathers  hereof  have  done  heretofore  ? 

62.  Item,  Whether  the  master  of  this  house  in  receiving 
any  novice,  being  of  willing  and  toward  mind  to  enter  into 
religion,  hath  demanded  or  received,  or  convented  to  receive 
any  money,  rewards,  or  any  other  temporal  commodities  of 
him  so  entering,  or  willing  to  enter,   or  of  any  other  his 
friends  ?  and  whether  for  not  promising,  granting,  or  giving 
such  rewards  or  gifts,  any  hath  been  repelled  and  not  re- 
ceived? 

63.  Item,  Whether  the   novices,   and  other   received   into 
religion,  have  a  preceptor  and  master  deputed  unto  them  to 
teach  them  grammar  and  good  letters  ? 

64.  Item,  Whether  any  senior  of  this  house  be  deputed 
to  declare,  inform,  and  instruct  them  their  rules,  and  where- 
unto  they  shall  be  bounden  to  observe  and  keep  after  their 
profession  ? 

65.  Item,  Whether  any  of  you  have  taken  upon  him  the 
habit  and  profession  of  your  religion,  chiefly  for  the  intent, 
hope,  or  trust  to  be  made  head  and  master  of  this  house? 


254  SOURCE-BOOK  OP  ENGLISH  HISTORY 

66.  Item,  Whether  the  master  of  this  house,  in  giving  any 
advocation,    nomination,    presentation,    or    collation    of    any 
parsonage,  vicarage,  chapel,  or  benefice  of  the  patronage  and 
gift  of  this  house,  do  take  or  use  to  take  any  manner  pension, 
portion,  or  other  commodity  or  gains;  or  else  doth  make  any 
convention  or   compaction,   whereby  any  lucre  many  ensue 
to  him  in  that  behalf? 

67.  Item,  Whether  he  do  receive,   or  use   to  receive,  the 
fruits  and  revenues  of  every  such  benefice  vacant,  or  use  to 
borrow  any  money  of  him   to  whom  he   intendeth   to  give 
such  benefice  unto,  expr-essly  covenanting  or  intending,  that 
he   so  obtaining  the   said  benefice   shall   freely  and   clearly 
remit  the  said  money  so  borrowed? 

68.  Item,  What  and  how  many  benefices  the  master  of  this 
house  doth  occupy  and  keep  in  his  own  hands? 

69.  Item,  Whether  the  same  benefices  be  appropriate  and 
united  to  this  house  by  sufficient  authority? 

70.  Item,  Whether   the   master   of   this  house   doth   make 
distributions  amongst  the  parishioners  of  the  benefices  ap- 
propriate, and  doth  keep  and  observe  all  and  singular  other 
provisions  and  ordinances  specified  and  expressed  in  the  ap- 
propriations of  the  same  benefices  ? 

Exhibcant  omnes  et  singulas  Appropriationcs, 
una  cum  Ordinationibus  et  Donationibus  Vi- 
cariatuum. 

71.  Item,  Whether  he  do  promote  unto  such  benefices  as 
be  of  his  gift  sufficient  and  able  persons  in  learning,  man- 
ners, and  virtue? 

72.  Item,  Whether  any  brother  of  this  house  do  serve  any 
parish-church,  being  appropriate  and  united  to  the  same,  and 
how  many  churches  appropriate  to  be  so  served? 

73.  Item,  Whether  the  master  of  this  house  hath  and  pos- 
sesseth  any  benefice  with  cure,  or  any  other  dignity  with  his 
abbey  ? 

Si  aliquod  tale  habct,  Dispensationcm  exhibeat. 

74.  Item,  Whether  the  master  of  this  house  at  any  time 
since  he  was  first  made  abbot,  or  master,  did  know  or  believe 
that  he  was  suspended,  or  excommunicate,  either  by  the  law, 
or  by  any  judge;  and  whether  he  knowing  or  supposing  him- 
self so  to  be,  did  sing  mass  in  the  mean  time,  and  before  he 
was  absolved? 

In  Visitatione  Monialium  ad  Prccmissa  addantur 
hccc. 


HENRY  VIII.  AND  THE  CHURCH  255 

75.  Item,  Whether  this  monastery  hath  good  and  sufficient 
enclosure,  and  whether  the  doors  and  windows  be  diligently 
kept  shut,  so  that  no  man  can  have  any  entry  into  the  same 
or  any  part  thereof  at  inconvenient  times? 

Propter  quod  nccessarium  erit  Visitatori  circum- 
ire  Monasterium,  ac  vidcre  et  rimare  dis- 
positionem  ccdificiorum,  et  an  sint  aliqua  loca 
pervia  per  qua  secrete  intrari  possit;  et  una 
sccum  habcat  Abbatissam  cum  duabus  out 
tribus  senioribns  Monialibus,  a  quibus  turn 
interroget,  an  ostia  Monasterii  singulis  qui- 
busque  noctibus  sub  clavibus  clausa  tenean- 
tur,  et  qua;  earum  Monialiitm  senio  confecta- 
rum,  vel  an  Abbas  ipsa  clavium  custodiam 
tempore  nocturno  habeant  et  teneant:  nam 
non  est  tutum  clavium  custodiam  Junioribus 
committere. 

76.  Item,  Whether  strangers,  both  men  and  women,  useth 
commonly  to  have  communication  with   the   sisters  of  this 
house,  without  license  of  the  abbess  or  prioress,    specially  in 
secret  places,  and  in  the  absence  of  their  sisters? 

77.  Item,  Whether  any  sister  of  this  house  were  professed 
for  any  manner  of  compulsion  of  her  friends  and  kinsfolks, 
or  by  the  abbess  or  prioress  ? 

78.  Item,  Whether  any  of  the  sisters  of  this  house  useth 
to  go  forth  any  whither  out  of  the  precinct  thereof,  without 
special  license  of  their  abbess  or  prioress? 

79.  Item,   Whether   any   sister   doth   use   her   habit   con- 
tinually out  of  her  cell? 

80.  Item,  Wherein  every  one  of  you  occupieth  herself,  be- 
side the  time  of  divine  service? 

81.  Item,  Whether  any  sister  of  this  house  hath  any  famil- 
iarity with  religious  men,  secular  priests,  or  lay-men,  being 
not  near  of  kin  unto  them  ? 

82.  Item,   Whether    any   sister   of   this    house   hath    been 
taken  and  found  'with  any  such  accustomably  so  communing, 
and  could  not  shew  any  reasonable  cause  why  they  so  did? 

83.  Item,  Whether  any  of  you  doth  use  to  write  any  letters 
of  love  or  lascivious  fashion  to  any  person,  or  receive  any 
such,   or  have   any   privy   messengers   coming   or   resorting 
unto  you,  or  any  of  you,  with  token  or  gifts,  from  any  man- 
ner secular  person  or  other? 

84.  Item,  Whether  any  of  you  doth  use  to  speak  with  any 


256  SOURCE-BOOK  OP  ENGLISH  HISTORY 

manner  of  person,  by  night  or  by  day,  by  grates  or  back 
windows,  or  other  privy  places  within  this  monastery,  with- 
out license  of  your  head  ? 

85.  Item,  Whether  the  confessor  of  this  house  be  a  dis- 
creet man,  of  good  learning,  virtue  and  honest  behaviour, 
of  good  name  and  fame,  and  whether  he  hath  been  always  so 
taken  ? 

86.  Item,  How  oftimes  in  the  year  the  sisters  of  this  house 
useth  to  be  confessed  and  communicate? 

Restat  pro  Ecclcsiis  Collegiatis,  Hospitalibus,  Ec- 
clesiis  Cathedralibns,  Parochialibus,  Eccle- 
siis,  Episcopo,  et  Archicpiscopo,  pro  ordine 
Jerosoloin  itarum  ? 

Exhibeant  omnia  scripta,  munimenta,  Inventaria,  Scedu- 
las  quascunque,  unde  aliqitid  cognitionis  eorum  reformation! 
Monastcriorum,  sive  domorum  utilitati,  necessarian  explicari, 
out  quoquo  modo  colligi  possit. 

(Collection  of  Records,  vol.  II, p.  lix.      History  of  the  Reformation  of  the  Church 
of  England,  ed.  cited.) 

116.   Letters  concerning  the  Suppression  of  the  Monasteries 

Original  Letters 

The  agents  who  were  sent  to  suppress  the  monasteries  have 
left  many  letters  detailing  their  acts  in  this  office.  Several 
typical  documents  are  here  given.  The  ancient  form  of  spelling, 
with  all  the  inconsistencies  of  each  writer  in  this  respect,  has 
been  preserved. 

(a)    DR.   LONDON    TO   THE   LORD   PRIVY   SEAL 

Original  Letters 

In  my  most  humble  maner  I  have  me  commendyd  unto 
your  gudde  Lordeschippe.  I  have  with  moche  adoo  dis- 
pacchyde  the  Priory  of  Black  Monks  at  Coventrye,  the 
Charterhowse,  and  Combe  Abbay.  The  Priory  wasse  in  dett 
befor  he  com  ther,  and  he  bathe  made  me  an  apparent  rea- 
sonable accompte.  I  have  left  the  Churche  and  Howse  vn- 
spoylede  and  vndefacyd,  because  as  yet  I  do  nott  know  the 
Kings  Grace's  pleasur  and  yowrs  what  schalbe  don  ther- 
with.  At  the  Charter  howse  I  found  scase  the  valor  of  xx11 
nobles  worth  of  gudds  to  dispach  the  hole  Howse.  Howbeit 
Godde  hath  so  disclosyd  ther  crafty  dealing,  that  I  have 
gevyn  every  brodor  xls  towards  ther  apparell,  have  payd  all 
the  servants  wages,  have  gevyn  to  every  brodor  his. .  .celle, 


HENRY  VIII.  AND  THE  CHURCH  257 

saving  the  Howse  and  a  vestyment,  have  payde  all  ther 
detts  within  x11.,  and  yit  schall  the  Kings  Grace  have  above 
cc.  vnc.  of  plate  ther,  wher  I  found  but  iij.  chalyces  scasly 
waying  all  iij.  xl.  vnc.  I  have  gevin  the  Prior  a  salt  of 
syluer  with  a  cover,  a  drynking  cuppe  of  syluer  with  a 
cover,  a  maser,  a  chales,  a  suyte  of  vestyments  with  bedding 
and  other  stuff,  lyke  an  honest  man,  and  so  I  have  dis- 
pacchyd  that  House  clerlye. 

At  Combe,  I  have  left  the  hole  Howse  with  implyments 
vnspoyled  thorowlye.  Hardforde  now  schyryue  of  Coven- 
trye  informyd  me  that  the  Abbot  of  Combe  hadde  ccccc1'.,  in 
a  fetherbedd  at  hys  brodors  Howse.  Of  truythe  I  serchyd 
the  bedd,  and  the  Abbot  hymself,  with  owt  any  difficulty, 
confessed  unto  me  what  money  was  ther,  and  farther  in- 
formyd me  of  every  thing  he  hadd  lyk  an  honest  man,  and  of 
truythe  ther  wasse  no  more  monye  ther  in  that  bedde  but 
xxv1'.,  wiche  vpon  hys  oothe  he  tolde  me  that  he  putt  yt  ther 
to  paye  certen  detts  with  all  now  at  Candelmas,  wich  in  dede 
ys  trew  dett,  and  he  layd  those  things  at  his  brothers  bycause 
he  cowde  yvill  trust  any  servant  he  hadde.  He  surrenderyd 
hys  Howse  the  same  day  twelve  monyth  he  was  made  Mas- 
ter, and  therfor  every  thing  consideryd  he  left  hys  Howse  in 
competent  gudd  state.  The  dyspacching  of  that  Howse 
wasse  som  thing  chardgeable  for  I  founde  ther  xv.  monks 
and  Ixviij.  seruants.  I  have  made  safe  the  evydences  in 
every  Howse  wher  I  com,  and  in  som  of  them  I  founde  the 
evydences  dispersyd  and  neglecte,  moche  pytie  to  see  yt. 
Wherfor  I  beseke  your  Lordeschippe  that  aswell  to  stay  the 
spoyle  of  the  Howsys  as  for  safgarde  of  suche  evydences 
the  Surveyors  may  com  as  spedyly  after  me  as  may  be. 

I  have  folowyd  your  pleasure  for  your  servant  M.  Whalley, 
at  Pollesworth,  wherfore  I  besek  your  Lordeschipp  to  re- 
membre  M.  Cheyrey,  at  Bowsvale,  Charterhowse  Monks  bye 
Notingam,  or  in  som  other  place. 

If  I  hadde  made  rasch  ryddyng  of  thees  iij.  Howsys  I 
hadde  don  the  Kings  Grace  butt  yvell  service.  And  I  trust 
now  I  have  don  both  for  hys  Grace  is  profytt,  and  as  every 
thing  is  savyd  and  all  parts  well  pleasyd,  I  schall  forwards 
mak  all  the  spede  I  can  possiblie. 

I  have  of  thees  iij.  Howsys  above  DCCC.  vnc.  of  plate, 
wich  schalbe  at  London  safly  caryede  by  my  commyng 
thedyr.  And  my  servant  now  shall  delyuer  to  your  Lorde- 
shippe  such  ornaments  as  I  have  sent  uppe.  I  besek  your 
Lordeshippe  to  take  these  things  I  do  in  gudd  part,  for  of 


258  SOURCE-BOOK  OF  ENGLISH  HISTORY 

my  fayth  I  do  truly  my  best  diligence  to  serve  the  Kinge  as 
our  Lord  knoweth,  who  with  encrese  of  nioch  honor  longe 
preserve  your  gudde  Lordeshippe 

Your  most  bounden  orator  and  servant, 

JOHN  LONDON. 

To  the  right  honerable  and  my  most 
singuler  goode  Lorde,  my  Lorde  of 
Prive  Sealle. 

{Original  Letters  illustrative  of  English  History,  ed.  H.  Ellis,  Lond.,  1846. 
Third  series,  vol.  Ill,  p.  183.) 

(&)    JOHN    TREGONWELL    TO    SECRETARY    CROMWELL 

Original  Let  ten 

Pleasyth  you  to  be  advertised  that  after  my  departyng 
from  Oxforde  I  went  to  Godstowe,  where  I  fownde  all  thyngs 
well,  and  yn  good  order  aswell  yn  the  Monasteri  and  the 
Abbas  there,  as  also  yn  the  Convent  of  the  same,  excepte 
that  one  sister  xiij.  or  xiiij.  yers  past,  beyng  then  of  a  nothere 
howse,  brake  her  chastyte  (quid  pepcrit),  the  whych  for  cor- 
reccyon  and  punysment  afterward  was  sent  to  Godstowe  by 
the  Byschope  of  Lyncolne,  where  now  and  euer  sethens  that 
tyme  she  hath  levyd  vertuowse. 

From  thens  I  went  to  Ensham,  where  I  fownde  a  rawe 
sort  of  Relygouse  parsons  and  offences  emongst  them  (al- 
moste  yn  all  kyndys  of  synne  commyttede,  ct  ctiam  crimcn 
pessimum)  ;  for  the  whych  offences  they  have  byne  pun- 
yschede  by  theire  ordynarye  in  his  Visitation.  Yet  by  as 
myche  as  I  can  perceve  by  inquisition  th'  abbot  ys  chaste  of 
hys  levyng,  and  dothe  right  well  over  loke  the  reparracons 
of  his  Howse,  to  whom  I  can  obiecte  nothyng  but  that  he  ys 
neglygent  yn  over  seyng  hys  bretherne.  He  sayethe  that 
hys  dayly  ynfyrmyty  is  th'occasion  therof,  whych  ynfyr- 
mytye  somwhat  dyd  appere  by  hys  face  to  be  trewe. 

From  Ensham  to  Bruwerne,  wher  th'abbot  ys  (as  hyt  ap- 
peryth  to  me)  not  only  vertuowse  and  well  lernyde  in  holy 
Scrypture,  but  also  hathe  ryght  well  reparyde  the  rewen  and 
dekeye  of  that  howse,  lefte  by  hys  predycessors  neglygens, 
and  the  Convent  whych  heretofore  were  insolent)  byn  now 
brought  to  good  order. 

From  Brewerne,  I  rode  to  Wraxton,  a  Howse  of  smalle 
rents,  and  stondyth  moast  by  husbandry.  The  Prior  there 
althoghe  he  be  a  good  husbande  and  kepyth  good  hospitalite 
to  hys  abylyte,  yet  he  is  rewde  and  unlernyd.  Et  qualis 
pater  tales  filij. 


HENRY  VIII.  AND  THE  CHURCH  259 

From  thens  to  Clathercott  a  Howse  of  th'Order  of  the  Gil- 
bertynes,  where  I  fownde  iij.  Chanons  beside  the  Pryor. 
That  Howse  ys  olde,  fowle,  and  fylthe.  Whethere  there 
levyng  be  accordyng,  I  cannot  tell,  for  they  desyryd  me  that 
I  wolde  not  vyset  them  by  cause  (as  they  sayd)  that  yow 
hadde  gevyne  (by  your  commyssion)  full  autoryte  to  the 
Prior  of  Semperyngham  to  vyset  all  there  Order,  so  that  no 
man  but  he  shulde  medle  with  that  Order;  and  by  cause  I 
wolde  not  mittcre  falcem  in  tnessem  alienam  with  owt  your 
pleasure  to  me  knowen,  I  departed  thens  negotio  infecto. 

And  from  that  howse  of  the  Gilbertynese  I  came  to  a 
Howse  of  Nunnes  called  Catysby  of  Ixxxx"  landys  yerly, 
of  th'order  of  Cistiowxe,  under  my  Lorde  of  Lyncolnes 
jurysdiction  (as  I  suppos)  by  usurpation.  For  that  Order  as 
you  knowe  hathe  allwayes  byn  exempte  from  the  Byschope. 
The  Priores  there  ys  a  ryght  sadde  matrone,  the  systers  also 
there  now  beyng  by  the  space  of  xxu  yeres  hath  byn  (by  as 
myche  as  I  can  lerne)  without  suspicon  of  incontynent 
levyng. 

From  Catesby  I  rode  to  Chanons  Asbye  whych  howse  is 
Clxu  yn  dette,  by  reason  of  the  late  preferment  of  the  Prior 
there  now  beyng.  The  Howse  also,  by  the  neglygens  of  hys 
predycessor,  ys  yn  rewen  and  dekey.  Howbehyt  the  sayde 
Prior  (all  thought  he  be  unlernyde)  ys  dysposed  to  thryve, 
and  by  the  lernyng  and  good  example  of  levyng  of  the  Sup- 
prior  of  that  Howse,  the  relygowse  men  there  byn  lyke  to 
doo  well. 

From  Chanons  Asbye,  I  rode  to  Chacombe,  the  Prior  ys 
newly  come  thether  whoo  ys  competently  well  lernyde  in 
holy  Scripture.  The  Chanons  byn  rewde  and  vnlernyde. 
He  begynnyth  to  bryng  them  to  some  order.  I  fere  nothyng 
yn  hym  but  neglygens  and  overmyche  famylyarite  which  he 
vseth  emongst  them. 

From  Chacombe,  I  came  to  Burcestre,  ther  I  fynde  that 
the  Prior  doth  well  over  loke  his  bretherne,  and  also  the 
profettys  of  hys  Howse.  His  said  bretherne  by  hys  tyme 
hathe  byn  yn  good  order,  exceptyde  one  (for  fray  of  pun- 
ysment  for  hys  incontenant  levyng)  ran  away  and  soo  he 
remaynyth  at  thys  tyme  yn  apostacye. 

From  thens,  yester  nyght,  I  came  to  Stoodlye.  From 
thens,  I  yntende  to  Notley,  and  thens  to  Tame  Abbeye,  and 
last  of  all  to  Dorchester,  where  I  make  an  end  vnto  the  tyme 
I  may  knowe  your  farder  pleasure,  whych  (Code  wyllyng) 
I  shall  accomplysche.  Vpon  Frydaye  nexte,  I  trust  to  be 


260  SOURCE-BOOK  OP  ENGLISH  HISTORY 

redyc  to  come  to  your  Masterschype  accordyng  to  your  com- 
maundement  sent  to  me  by  yo  letters,  besechyng  you  that  I 
maye  knowe  whethere  you  wyll  remayne  yn  the  Cowrte  or 
returne  to  London.  And  thus  the  holy  Goast  preserve  you. 
Frome  Stoodley,  the  xxvijth  day  of  Septembre. 

Yours  moast  bownden 

JOHN  TREGONWELL. 

To  the  ryght  honerable  Mr.  Thomas 
Cromwell,  Cheff  Secretarye  to  the 
Kynges  Maiestye,  be  this  dd.  wl 
speade. 

{Original  Letters,  ed.  cit.,  Ill,  p.  37.) 

(c)    JOHN    LONDON    TO    LORD  CROMWELL 

Original  Letters 

In  my  most  humble  manner  I  have  me  comendyd  unto 
your  gudde  Lordeshipp,  as  your  most  boundon  orator  and 
servant.  I  have  not  so  moche  rasyd  Howses  I  have  be  at 
as  I  perceve  the  Kings  Grace  and  your  Lordeschippe  ys  in- 
formyd,  and  hadde  rasyd  noon  saving  for  the  words  of  suche 
Corhissions  as  I  have  to  schew,  and  dydd  nott  extremely  so 
do  butt  wher  necessitee  compellyd  me  by  reason  of  the  im- 
portunytie  of  the  people,  wich  els  wold  have  pilledd  all  so  as 
the  Kings  Grace  schulde  have  hadd  no  profytt  of  those 
Howses ;  and  in  every  place  I  savyd  the  hole  ledd  unto  the 
Kings  Graces  use,  and  the  hole  plate.  Yet  have  I  be  in  som 
very  beggarly  Howses,  as  now  I  am  at  oon,  the  Whyte  Fryers 
in  Northampton,  wher  all  they  have  ys  nott  able  to  pay  ther 
detts.  And  bravely  I  will  rehersse  what  I  dydd  in  euery 
Howse. 

At  Reding  I  dydd  oonly  deface  the  Church ;  all  the  windoes 
being  full  of  Fryers ;  and  left  the  rof  f  and  wallys  hole  to  the 
Kings  use.  I  solde  the  ornaments  and  the  sellys  in  the  dorter 
and  certen  utensyls  wiche  els  wold  have  be  stolen  as  dyvers 
were  indede. 

At  Aylesbury,  I  founde  them  very  powr  and  in  dett.  Ther 
ornaments  wor  very  coursse  and  very  litill  stuff  of  howshold. 
Ther  I  oonly  solde  the  glasse  wyndoes  and  ther  ornaments 
with  ther  vtensyles.  I  left  the  Howse  hole  and  oonly  de- 
faced the  Churche.  Ther  the  hole  churche  ys  well  coveryd 
with  ledd,  and  a  gudd  new  roff. 

At  Bedford,  I  dydd  sell  the  ornaments  of  ther  churche  and 


HENRY  Vlll.  AND  THE  CHURCH  261 

certen  vtensiles.  All  the  ledde  I  savyd  with  certen  vten- 
syles,  because  I  myzt  leve  them  in  saff  custody  with  Mr. 
Gostvvike. 

At  Stamford,  I  left  in  the  Grey  Fryers  all  ther  brewyng 
vessels,  and  ther  kechyn  stuff  wasse  so  gud  that  I  cowde  gete 
butt  viijs  for  all.  I  solde  ther  ornaments  and  glasse  of  ther 
churche  with  certen  stuff,  and  solde  no  glass  in  the  Grey, 
Whyte,  or  Blacke  Fryers,  saving  oonly  in  ther  churches.  At 
the  Austen  Fryers  I  sold  all  there  glasse,  for  els  all  wold  have 
be  stollyd,  ffor  it  stondeth  owt  of  the  town.  In  thre  Fryers 
ther  I  sold  ther  brewyng  vessels  wich  wer  very  ny  worn. 

In  Coventry,  I  dydd  partly  rase  that  Howse  of  the  Gray 
Fryers,  thou  after  the  powr  people  lay  so  sore  vpon  ytt. 
Butt  the  Whyte  Fryers  I  dydd  litill  vnto. 

At  Warwick,  the  Fryers  Howse  ys  withowt  the  town,  an 
olde  ruynose  howse  and  no  ledd  butt  gutters  and  the  couer- 
yng  of  the  steple.  Ther  I  defacyd  the  church  wyndoes  and 
the  sellys  of  the  dorter  as  I  dydd  in  euery  place  saving  in 
Bedford  and  Aylisbury  wher  were  few  byars.  I  pullyd 
down  no  Howse  thorowly  at  noon  of  the  Fryers :  butt  so  de- 
facyd them  as  they  shuld  not  lyztly  be  made  Fryerys  agen. 

At  Tellisford  Crosse  Fryers,  I  have  oonly  recyvyd  the 
surrendere:  and  have  left  the  Howse  with  all  the  stuff  in 
safe  custody  with  the  late  mynyster  and  oon  of  the  Kings  ser- 
uants  dwelling  therbye.  In  that  Howse  I  must  farther  know 
your  Lordeships  pleasur  or  I  do  any  more,  as  by  my  servant 
I  shall  shortly  more  at  lengeth  expresse  every  thing.  Ther 
wasse  a  fonde  fasschon  of  Idolytrye.  In  the  body  of  the 
Churche  wasse  an  Image  at  an  Awters  end  callyd  Mayden 
Cutbrogh,  and  vnder  her  feete  wasse  a  trowgh  of  wodde  des- 
cending undre  the  Awter  wich  wasse  holow.  Thyder  re- 
sortyd  suche  as  wer  trobelyd  with  the  hedde  ache,  or  hadde 
any  slottiche  wydowes  lockes,  viz.  here  growen  to  gether  in 
a  tufte.  Ther  must  they  putt  in  to  the  trowgh  a  peckke  of 
oots,  and  when  they  wer  oons  slydyd  vndre  the  Awter,  the 
Crosse  Fryers  schuld  behynd  the  Awter  pryvily  stele  them 
owt,  and  the  sykk  person  must  give  to  the  Fryer  a  peny  for 
a  pynte  of  these  Maydon  Cutbrogh  oots,  and  then  ther  heds 
schuld  ak  no  more  till  the  next  tyme.  I  have  pullyd  downe 
thys  Idoll  with  herre  manage. 

At  Northampton,  I  fynd  the  Prior  of  Augustyns  lyk  a 
Fryer,  and  oon  of  the  most  unthrifts  that  yet  I  have  mett 
with  all :  yet  have  I  found  butt  few  trew  or  gud,  and  amongs 
many  blessyd  reformations  don  by  the  Kings  Grace,  I  sup- 


262  SOURCE-BOOK  OF  ENGLISH  HISTORY 

pose  thys  be  nott  the  lest,  vtterly  to  suppresse  theis  Fryars, 
in  whom  I  fynd  so  moch  dissymylation  as  may  be  in  men. 
I  trust  to  bring  all  ther  falshudds  here  to  lyzt,  butt  in  the 
mean  tyme  I  am  fayne  to  sett  the  Prior  and  almost  all  hys 
brethern  in  warde.  They  have  delyuered  owt  of  ther  Howse 
all  ther  plate  and  gudd  stuff,  and  made  billes  of  sale  and 
knowledging  of  receipt  of  certen  sommys  of  money  wher 
they  receyvyd,  nor  ovvzt,  oon  peny,  and  all  to  disseyve  the 
Kinge.  I  have  in  som  of  those  billes  her  enclosyd,  and  moo 
I  will  have  or  I  depart,  and  have  agen  the  best  stuff  I  saw 
yet,  and  more  I  trust  to  have.  Howbeit  by  hys  own  con- 
fession he  made  away  thys  yere  above  a  CH  plate.  He  ys 
a  great  lyar  and  a  gy velar  [shuffler]. 

I  will  hensforth  deface  no  Howse  unlesse  I  have  your  or 
the  King's  Grace  speciall  comaundment.  Butt  then  if  ther 
be  no  Surveyor  to  do  ytt  immedyaty  or  som  suer  man  to  in- 
habitt  the  same,  the  Howsys  will  be  so  spoylyd  as  litill  profytt 
will  com  of  them.  I  thowzt  I  dydd  for  the  beste  in  defacinge 
those  Howses,  and  have  to  the  Kings  Grace  use  above  all, 
dispacchyng  of  the  Fryers,  payng  ther  detts  and  rewarding 
every  oon  of  them,  savyng  also  all  the  coveryng  and  wallys 
of  the  Howses,  aswell  in  ledde,  slatt,  as  tyle,  and  my  chard- 
ges  of  expens  born,  and  all  the  plate  also  thorowly  savyd 
whole  to  the  Kings  use,  CC1!  and  above  in  gudd  gold.  And 
have  also  savyd  to  the  Kings  use  the  best  ornaments  wher  any 
were  with  all.  I  will  now  owt  of  hand  upon  All  Halon  tyde 
send  vppe  or  I  execute  any  of  these  commissions  last  sent 
from  your  Lordeschippe  to  me.  For  I  have  a  great  dele  of 
gudd  plate  wiche  I  wold  fayn  be  dischargyd  of.  Thus  I  be- 
sech  your  Lordeschipp  to  take  my  powr  meanyng  in  gudd 
partt  intending  to  my  litill  powr  truly  to  serve  the  Kings  Grace, 
and  so  I  dowbt  nott  butt  his  Majesty  will  accept  my  doings 
when  his  Grace  knowith  what  beggarly  and  crafty  merchants 
I  have  to  be  occupyed  with  all.  And  most  humble  I  do  thank 
your  gudd  Lordeshippe  for  your  gudnes  and  gudd  mediation 
vnto  hys  most  noble  Grace  for  me,  and  shalbe  during  my  liff 
your  assured  seruant  and  orator  vnto  Almyztie  Godd  long  to 
preserue  your  guud  Lordeshipp  with  increse  of  moch  honor. 
At  Northampton,  XXIX.  Octobris. 

Your  most  bovndon  orator  and  seruant, 

JOHN  LONDON. 

(Original  Letters,  ed.cit.,  vol.  Ill,  p.  130.) 


HENRY  VIII.  AND  THE  CHURCH  263 

117.  A  Summons  to  the  Pilgrimage  of  Grace 

Original  Letter  s 

The  popular  discontent  which  followed  the  dissolution  of  the 
smaller  monasteries  resulted  in  two  insurrections ;  the  first  was 
in  Lincolnshire,  the  second,  in  Yorkshire.  The  latter  was  a 
most  formidable  movement,  and  was  directed  by  Robert  Aske, 
who  gave  to  the  uprising  the  name  of  the  Pilgrimage  of  Grace. 
He  issued  several  addresses,  the  selection  given  being  his  appeal 
to  the  common  people. 

Masters,  all  men  to  be  redie  to  morrw,  and  this  neighte 
and  in  the  mornyng  to  ryng  your  bellis  in  every  towne,  and 
to  assemble  your  selfs  apon  Skypwithe  mowre,  and  thare 
apoynte  your  Captayns,  Master  Hussye,  Master  Babthorp, 
and  Master  Gascoygn,  and  other  gentilmen ;  and  to  gef f 
warnyng  to  all  be  yonde  the  watter  to  be  redy  vpon  payn  of 
dethe  for  the  Corhen  Welthe ;  and  make  your  proclymacon, 
every  man  to  be  trewe  to  the  Kings  issue,  and  the  noble 
blode;  to  preserve  the  Churche  of  God  from  spolyng;  and  to 
be  trew  to  the  Comens  and  the  welthis;  and  ye  shall  have 
to  morrowe  the  Articles  and  causis  of  your  assemble  and 
peticon  to  the  Kyng,  and  the  place  of  oure  meting,  and  all 
other  of  poure  and  commen  welthe.  In  haste,  etc. 

By  me  Robt.  Aske,  Chieffe  Captayn  of 
M'ches  land,  Thile,  and  Howden 
shyre,  Thomas  Metham,  Robt.  Aske 
Yonger,  Thomas  Salte-Marche, 
Wyll~m.  Monketon,  M.  Ffranke, 
Master  Cawood,  Captayns  of  the 
same. 

(Original  Letters  illustrative  of  English  History,  ed.  H.  Ellis. 
Lond.,  1846,  III,  p.  53.) 

1 18.   The  Lancaster  Herald's  Mission  to  the  Insurgents 

Original  Letters 

The  Pilgrimage  of  Grace  was  of  such  formidable  character 
that  great  exertions  were  made  to  rapidly  suppress  it.  These 
efforts  were  successful  when  force  of  numbers  overawed  the 
insurgents  whose  ranks  were  thinned  by  discontent  and  distress 
bred  by  the  diplomacy,  or  treachery,  of  the  Duke  of  Norfolk,  the 
commander  of  the  forces  of  the  king.  The  leaders  of  this  re- 
bellion, Aske,  and  the  Lords  Darcy  and  Hussey  were  pardoned, 
but  another  rebellion  having  broken  out  in  Lancaster  convenient 
pretext  was  taken  for  connecting  them  with  it,  and  they  suffered 
the  death  penalty.  The  Lancaster  Herald,  whose  account  of  a 
mission  to  the  insurgents  on  the  Pilgrimage  we  give,  was  also 
executed,  —  not  for  participation  in  the  rebellion,  but  for  kneeling 
to  its  leaders  while  he  was  on  the  king's  mission. 


264  SOURCE-BOOK  OF  ENGLISH  HISTORY 

The  manner,  fashion,  and  ordering  of  me  Lancaster  Her- 
ald at  Arms  to  our  Sovereign  Lord  the  King,  sent  from  Scroby 
the  2 ist  day  of  October,  by  the  right  honourable  Lord  the 
Earl  of  Shrewsbury,  Lord  Steward  of  the  King's  most  hon- 
ourable household,  and  Lieutenant  General  from  the  Trent 
northward,  and  the  right  honourable  Earls  of  Rutland  and 
Huntingdon  of  the  King's  most  honourable  Counsell,  to  Pom- 
fret,  with  a  Proclamation  to  be  read  amongst  the  traitorous 
and  rebellious  persons  assembled  at  Pomfret  contrary  to 
King's  laws.  And  when  I  did  approach  near  the  town  of 
Pomfret,  I  overtook  certain  companies  of  the  said  rebellious, 
being  common  people  of  the  husbandry,  which  saluted  me 
gently,  and  gave  great  honour  to  the  King's  coat  of  arms 
which  I  ware.  And  I  demanded  of  them  why  they  were  in 
harness,  and  assembled  of  such  sort;  and  they  answered  me 
that  it  was  for  the  Commonwealth ;  and  said  if  they  did  not 
so,  the  Commonalty  and  the  Church  should  be  destroyed. 
And  I  demanded  of  them  how.  And  they  said  that  no  man 
should  bury,  nor  christen,  nor  wedd,  nor  have  their  beast  un- 
marked, but  that  the  King  would  have  a  certain  sum  of 
money  for  every  such  thing,  and  the  beast  unmarked  to  his 
own  house,  which  had  never  been  seen.  And  I  answered 
them  and  told  them  how  good  and  gracious  Lord  the  King 
had  been  to  them,  and  how  long  he  had  kept  them  in  great 
wealth,  tranquillity  and  peace;  and  also  that  his  Grace,  nor 
none  of  his  Counsel,  never  intended  nor  thought  no  such 
things  and  articles  as  they  found  them  grieved  with.  And 
with  such  persuasions  as  I  found  and  said  to  them,  riding 
into  the  Town,  I  had  gat  grant  of  three  or  four  hundred  of 
the  Commonalty  to  go  gladly  home  to  their  houses,  and  to 
ask  the  King's  mercy ;  and  said,  they  were  weary  of  that  life 
they  were  in.  And  resorted  first  to  the  Market  Cross,  where 
I  should  have  made  the  proclamation.  And  Robert  Aske, 
captain  of  the  host,  being  in  the  Castle,  heard  tell  that  I  was 
comen,  and  sent  for  me  to  come  to  him ;  and  so  I  did ;  and  as 
I  entered  into  the  first  ward,  there  I  found  many  in  harness, 
of  very  cruel  fellows,  and  a  porter  with  a  white  staff  in  his 
hand;  and  at  the  two  other  ward-gates  every  of  them  a 
porter  with  his  staff,  accompanied  with  harnessed  men ;  and 
so  I  was  brought  into  the  Hall,  which  I  found  full  of  people. 
And  I  was  commanded  to  tarry  to  such  time  as  the  said  trai- 
torous captain's  pleasure  was  known  ;  and  in  that  space  I 
stood  up  at  the  high  table  in  the  Hall,  and  there  shewed  to 
the  people  the  cause  of  my  coming,  and  the  effect  of  the 


HENRY  VIII.  AND  THE  CHURCH  265 

Proclamation;  and  in  doing  the  same,  the  said  Aske  sent 
for  me  in  to  his  chamber;  and  there  keeping  his  port  and 
countenance  as  though  he  had  been  a  great  Prince,  with 
great  rigour  and  like  a  tyrant ;  who  was  accompanied  with 
the  Archbishop  of  York,  the  Lord  Darcy,  Sir  Robert  Con- 
stable, Mr.  Magnus,  Sir  Christopher  Danby,  and  divers 
other.  And,  as  my  dutie  was,  I  saluted  the  Archbishop  of 
York  and  my  Lord  Darcy,  showing  to  them  the  cause  I  came 
thither  for.  And  then  the  said  Robert  Aske,  with  a  cruell 
and  inestimable  proud  countenance,  stretched  himself,  and 
took  the  hearing  of  my  tale,  which  I  opened  to  him  at  large, 
in  as  much  honour  to  our  Sovereign  Lord  the  King  as  my 
reason  would  serve  me ;  which  the  said  Captain  Aske  gave 
no  reverance  to,  and  superstitiously  demanded  the  sight  of 
my  Proclamation.  And  then  I  took  it  out  of  my  purse  and 
delivered  it  to  him,  and  then  he  read  it  openly,  without  any 
reverence  to  any  person ;  and  said,  it  should  not  need  to  call 
no  counsell  for  the  answer  of  the  same,  for  he  would  of  his 
own  wit  give  me  the  answer,  which  was  this.  He,  standing 
in  the  highest  place  of  the  chamber,  taking  the  high  estate 
upon  him,  said,  "Herald,  as  a  messenger  you  are  welcome  to 
me  and  all  my  company,  intending  as  I  do.  And  as  for  the 
Proclamation  sent  from  the  Lords,  from  whence  you  come, 
shall  not  be  read  at  the  Market  Cross,  nor  in  no  place 
amongst  my  people,  which  be  all  under  my  guiding;  nor  for 
fear  of  loss  of  lands,  life,  and  goods,  not  for  the  power  which 
is  against  us,  doth  not  enter  into  our  hearts  with  fear,  but 
are  all  of  one  accord  with  the  points  of  our  articles,  clearly 
intending  to  see  a  reformation,  or  else  to  die  in  those  causes." 
And  then  I  demanded  of  him  what  his  article  was.  And  he 
said,  one  was  that  he  and  his  company  would  go  to  London 
of  pilgrimage  to  the  King's  Highness,  and  there  to  have  all 
vile  blood  of  his  Counsell  put  from  him,  and  all  noble  blood 
set  up  again,  and  also  the  Faith  of  Christ  and  his  laws  to  be 
kept,  and  full  restitution  of  Christ's  Church  of  all  wrongs 
done  unto  it,  and  also  the  Commonalty  to  be  used  as  they 
should  be :  and  bade  me  trust  to  this,  for  it  should  be  done, 
or  he  would  die  for  it.  And  then  I  required  him,  that  he 
would  give  me  this  in  writing,  for  my  capacity  would  not 
serve  to  bear  it  away ;  and  he  said,  "With  a  good  will" ;  and 
called  for  his  oath  which  he  gave  to  his  people,  and  said 
th'articles  was  comprehended  within  the  said  oath,  and 
delivered  it  in  writing  to  me,  and  caused  me  to  read  it  my- 
self; and  he  sayd,  to  that  he  would  sett  to  his  hand,  and  die 


266          SOURCE-BOOK  OF  ENGLISH  HISTORY 

in  the  quarrel,  and  his  people  with  him.  And  then  I  prayed 
him  to  put  his  hand  to  the  said  bill,  and  so  he  did,  and  with  a 
proud  voice  said,  "This  is  mine  act,  whosoever  say  the  con- 
trary." And  also  he  said,  he  meant  no  harm  to  the  King's 
person,  but  to  see  reformation.  And  I  fell  down  on  my  knee 
before  him,  showing  him  how  I  was  a  messenger,  and 
charged  by  the  King's  Counsell  to  read  the  Proclamation 
which  I  brought,  for  my  discharge ;  and  he  clearly  answered 
me,  that  of  my  life  I  should  not;  for  he  would  have  nothing 
put  into  his  people's  head  that  should  sound  contrary  to  his 
intent ;  and  said  at  all  times  I  should  have  his  safe  conduct, 
to  come  and  go  in  message,  wearing  the  King's  coat  of  arms, 
or  else  not:  and  also  said,  if  my  Lord  of  Shrewsbury,  or  any 
other  of  the  Lords  of  the  King's  army,  would  come  and  speak 
with  him,  they  should  have  of  him  their  safe  conducts,  to 
come  safe  and  go  safe ;  and  also  said,  "Herald,  recommend 
me  to  the  Lords  from  whence  you  come,  and  say  to  them  it 
were  mete  that  they  were  with  me,  for  it  is  for  all  their 
wealths  that  I  do."  And  then  he  commanded  the  Lord 
Darcy  to  give  me  two  crowns  of  five  shillings  to  reward, 
whether  I  wold  or  no ;  and  then  took  me  by  the  arm,  and 
brought  me  forth  of  the  Castle,  and  there  made  a  proclama- 
tion that  I  should  go  safe  and  come  safe,  wearing  the  King's 
coat,  in  payne  of  death;  and  so  took  his  leave  of  me,  and  re- 
turned into  the  Castle  in  high  honour  of  the  people,  as  a 
traitor  may.  And  I  missed  my  horse,  and  I  called  to  him 
again,  for  to  have  my  horse,  and  then  he  made  a  proclama- 
tion that  who  so  held  my  horse,  and  brought  him  not  again 
immediately,  bad  kill  him  without  mercy.  And  then  both  my 
horse  was  delivered  to  me,  and  then  he  commanded  that 
twenty  or  forty  men  should  bring  me  out  of  the  Town  where 
I  should  see  the  least  of  his  people,  nor  that  I  should  not  speak 
with  them.  For  surely  I  think,  if  I  might  have  redd  the 
Proclamacion  and  good  words  unto  the  people,  that  all  the 
plough-commonalty  would  have  gone  home  to  their  houses 
immediately,  for  they  say  they  be  weary  of  that  life  they 
lead,  and  if  they  say  to  the  contrary  to  the  captain's  will,  he 
shall  die  immediately.  And  this  all  to  be  true,  I,  the  said 
Lancaster,  hath  written  this  with  my  hand  and  true  report  as 
mine  Oath  is." 

"Lancaster  Herrald." 

(Original  Letters,  ed.  cit.,  Ill,  54.) 


HENRY  Vlll.  AND  THE  CHURCH  267 

ng.  The  Six  Articles 

(31  HENRY  VIII,  c.    14,  1539) 

Statutes  of  the  Realm 

No  single  document  so  well  illustrates  the  attitude  of  Henry 
VIII.  to  the  Catholic  Church  as  does  the  "Act  Abolishing  Diver- 
sity in  Opinions."  In  this  enactment  we  find  no  departure  from 
the  tenets  of  the  ancient  faith.  In  its  preservation  of  the  funda- 
mental doctrines  of  the  Catholic  Communion,  we  find  proof  that 
the  Church  of  Henry  VIII.  was  not  Protestant,  as  to  any  doctrine 
except  that  of  papal  supremacy.  Yet  in  breaking  away  from  the 
Catholic  Church,  and  in  repudiating  the  supremacy  of  the  pope, 
Henry  gave  a  fresh  impetus  to  the  Protestant  movement,  which 
had  been  for  centuries  accumulating  force. 

AN    ACT    ABOLISHING    DIVERSITY    IN    OPINIONS 

Whereas  the  King's  most  excellent  Majesty  is  by  God's 
law  supreme  head  immediately  under  Him  of  this  whole 
Church  and  Congregation  of  England,  intending  the  conser- 
vation of  the  same  Church  and  Congregation  in  a  true, 
sincere,  and  uniform  doctrine  of  Christ's  Religion,  calling 
also  to  His  blessed  and  most  gracious  remembrance  as  well 
the  great  and  quiet  assurance,  prosperous  increase,  and  other 
innumerable  commodities  which  have  ever  ensued,  come,  and 
followed  of  concord,  agreement,  and  unity  in  opinions,  as 
also  the  manifold  perils,  dangers,  and  inconveniences,  which 
have  heretofore  in  many  places  and  regions  grown,  sprung, 
and  arisen  of  the  diversities  of  minds  and  opinions,  es- 
pecially of  matters  of  Christian  Religion;  and  therefore 
desiring  that  such  an  unity  might  and  should  be  charitably 
established  in  all  things  touching  and  concerning  the  same, 
as  the  same  so  being  established  might  chiefly  be  to  the 
honor  of  Almighty  God,  the  very  Author  and  Fountain  of  all 
true  unity  and  sincere  concord,  and  consequently  redound 
to  the  common- wealth  of  this  his  highness'  most  noble 
realm,  and  of  all  his  loving  subjects  and  other  residents  and 
inhabitants  of  or  in  the  same;  hath  therefore  caused  and 
commanded  this  his  most  high  Court  of  Parliament,  for 
sundry  and  many  urgent  causes  and  considerations,  to  be  at 
this  time  summoned,  and  also  a  synod  and  convocation  of  all 
the  archbishops,  bishops,  and  other  learned  men  of  the  clergy 
of  this  his  realm,  to  be  in  like  manner  assembled ;  and  .foras- 
much as  in  the  said  Parliament,  synod,  and  convocation 
there  were  certain  articles,  matters,  and  questions  appointed 
and  set  forth  touching  Christian  Religion,  that  is  to  say; 
First,  whether  in  the  most  blessed  Sacrament  of  the  Altar  re- 


268  SOURCE-BOOK  OF  ENGLISH  HISTORY 

maineth  after  the  consecration  the  substance  of  bread  and 
[wine]  or  no;  Secondly,  whether  it  be  necessary  by  God's 
law  that  all  men  should  be  communicate  with  both  kinds  or 
no;  Thirdly,  whether  priests,  that  is  to  say  men  dedicated  to 
God  by  priesthood,  may  by  the  law  of  God  marry  after  or  no ; 
Fourthly,  whether  vow  of  chastity  or  widowhood  made  to  God 
advisedly  by  man  or  woman  be  by  the  law  of  God  to  be  ob- 
served or  no;  Fifthly,  whether  private  Masses  stand  with  the 
law  of  God  and  be  to  be  used  and  continued  in  the  Church 
and  Congregation  of  England  as  things  whereby  good 
Christian  people  may  and  do  receive  both  godly  consolation 
and  wholesome  benefits  or  no;  Sixthly,  whether  auricular 
confession  is  necessary  to  be  retained,  continued,  used,  and 
frequented  in  the  Church  or  no ;  the  King's  most  Royal 
Majesty,  most  prudently  pondering  and  considering  that  by 
occasion  of  variable  and  sundry  opinions  and  judgments  of 
the  said  Articles,  great  discord  and  variance  hath  arisen  as 
well  amongst  the  clergy  of  this  his  realm,  as  amongst  a  great 
number  of  vulgar  people,  his  loving  subjects  of  the  same, 
and  being  in  a  full  hope  and  trust  that  a  full  and  perfect  re- 
solution of  the  said  Articles  should  make  a  perfect  concord 
and  unity  generally  amongst  all  his  loving  and  obedient 
subjects;  of  his  most  excellent  goodness  not  only  com- 
manded that  the  said  Articles  should  deliberately  and  ad- 
visedly by  his  said  archbishops,  bishops,  and  other  learned 
men  of  his  clergy,  be  debated,  argued,  and  reasoned,  and 
their  opinions  therein  to  be  understood,  declared,  and  known, 
but  also  most  graciously  vouchsafed  in  his  own  princely 
person  to  descend  and  come  into  his  said  high  court  of  Par- 
liament and  Council,  and  there,  like  a  prince  of  most  high 
prudence  and  no  less  learning,  opened  and  declared  many 
things  of  high  learning  and  great  knowledge  touching  the 
said  articles,  matters,  and  questions,  for  an  unity  to  be  had 
in  the  same ;  Whereupon,  after  a  great  and  long  deliberate 
and  advised  disputation  and  consultation  had  and  made  con- 
cerning the  said  Articles,  as  well  by  the  consent  of  the  King's 
Highness  as  by  the  assent  of  the  Lords  Spiritual  and  Tem- 
poral, and  other  learned  men  of  his  clergy  in  their  con- 
vocation, and  by  the  consent  of  the  Commons  in  this  present 
Parliament  assembled,  it  was,  and  is,  finally  resolved,  ac- 
corded, and  agreed  in  manner  and  form  following,  that  is 
to  say;  First,  that  in  the  most  blessed  Sacrament  of  the 
Altar,  by  the  strength  and  efficacy  of  Christ's  mighty  word, 
it  being  spoken  by  the  priest,  is  present  really,  under  the 


HENRY  VllL  AND  THE  CHURCH  269 

form  of  bread  and  wine,  the  natural  body  and  blood  of  our 
Saviour  Jesus  Christ,  conceived  of  the  Virgin  Mary,  and  that 
after  the  consecration  there  remaineth  no  substance  of  bread 
or  wine,  nor  any  other  substance  but  the  substance  of  Christ, 
God  and  Man;  Secondly,  that  communion  in  both  kinds  is 
not  necessary  ad  salutcm  by  the  law  of  God  to  all  persons; 
and  that  it  is  to  be  believed  and  not  doubted  of,  but  that  in 
the  flesh  under  form  of  bread  is  the  very  blood,  and  with  the 
blood  under  form  of  wine  is  the  very  flesh,  as  well  apart  as 
though  they  were  both  together ;  Thirdly,  that  priests  after 
the  order  of  priesthood  received,  as  before,  may  not  marry 
by  the  law  of  God;  Fourthly,  that  vows  of  chastity  or 
widowhood  by  man  or  woman  made  to  God  advisedly  ought 
to  be  observed  by  the  law  of  God,  and  that  it  exempts  them 
from  other  liberties  of  Christian  people,  which,  without  that, 
they  might  enjoy;  Fifthly,  that  it  is  meet  and  necessary 
that  private  Masses  be  continued  and  admitted  in  this  the 
King's  English  Church  and  Congregation,  as  whereby  good 
Christian  people  ordering  themselves  accordingly  do  receive 
both  godly  and  goodly  consolations  and  benefits,  and  it  is 
agreeable  also  to  God's  law;  Sixthly,  that  auricular  confes- 
sion is  expedient  and  necessary  to  be  retained  and  continued, 
used  and  frequented,  in  the  Church  of  God ; . . . 

(Ed.  from  Statutes  of  the  Realm,  ed.  cit.,  Ill,  739.) 

120.   The  Bible  in  the  English  Churches 

(33  HBNRY  VIII,  1542) 

Records,  Burnet 

The  close  of  the  reign  of  Henry  VIII.  was  marked  by  a  de- 
cided movement  toward  Protestantism.  The  influence  of  Cran- 
mer  and  Cromwell  was  thrown  against  the  fundamental  doctrines 
of  the  Catholic  Church.  The  changed  attitude  of  the  Crown  is 
shown  in  the  statute  enforcing  the  keeping  of  a  public  Bible  in 
the  English  churches,  and  in  the  proclamation  ordering  prayers 
to  be  read  in  the  English  tongue.  These  two  statutes  indicated 
the  approaching  era  of  ultra-Protestantism  brought  about  by  the 
advisers  of  Edward  VI. 

PROCLAMATION  ORDAINED  BY  THE  KING'S  MAJESTY,  WITH  THE 
ADVICE  OF  HIS  HONOURABLE  COUNCIL,  FOR  THE  BIBLE  OF 
THE  LARGEST  AND  GREATEST  VOLUME  TO  BE  HAD  IN  EVERY 
CHURCH  ;  DEVISED  THE  SIXTH  DAY  OF  MAY,  THE  THIRTY- 
THIRD  YEAR  OF  THE  KING'S  MOST  GRACIOUS  REIGN. 

WHEREBY  injunctions  heretofore  set  forth  by  the  au- 
thority of  the  king's  royal  r-.ujesty,  supreme  head  of  the 


270  SOURCE-BOOK  OF  ENGLISH  HISTORY 

church  of  this  his  realm  of  England,  it  was  ordained  and 
commanded,  amongst  other  things,  that  in  all  and  singular 
parish  churches,  there  should  be  provided,  by  a  certain  day 
now  expired,  at  the  costs  of  the  curates  and  parishioners, 
Bibles  containing  the  Old  and  New  Testament  in  the  English 
tongue,  to  be  fixed  and  set  up  openly  in  every  of  the  said 
parish  churches;  the  which  godly  commandment  and  injunc- 
tion was  to  the  only  intent  that  every  of  the  king's  majesty's 
loving  subjects,  minding  to  read  therein,  might,  by  occasion 
thereof,  not  only  consider  and  perceive  the  great  and  inef- 
fable omnipotent  power,  promise,  justice,  mercy  and  good- 
ness of  Almighty  God,  but  also  to  learn  thereby  to  observe 
God's  commandments,  and  to  obey  their  sovereign  lord  and 
high  powers,  and  to  exercise  godly  charity,  and  to  use  them- 
selves according  to  their  vocations,  in  a  pure  and  sincere 
Christian  life  without  murmur  or  grudging :  by  the  which 
injunctions,  the  king's  royal  majesty  intended  that  his  loving 
subjects  should  have  and  use  the  commodities  of  the  reading 
of  the  said  Bibles,  for  the  purpose  above  rehearsed,  humbly, 
meekly,  reverently,  and  obediently,  and  not  that  any  of 
them  should  read  the  said  Bibles  with  high  and  loud  voices, 
in  time  of  the  celebration  of  the  holy  mass,  and  other  divine 
services  used  in  the  church ;  or  that  any  of  his  lay-subjects 
reading  the  same,  should  presume  to  take  upon  them  any 
common  disputation,  argument,  or  exposition  of  the  mysteries 
therein  contained;-  but  that  every  such  layman  should,  hum- 
bly, meekly,  and  reverently,  read  the  same  for  his  own  in- 
struction, edification,  and  amendment  of  his  life,  according 
to  God's  holy  word  therein  mentioned.  And  notwithstand- 
ing the  king's  said  most  godly  and  gracious  commandment 
and  injunction,  in  form  as  aforesaid,  his  royal  majesty  is  in- 
formed, that  divers  and  many  towns  and  parishes  within  this 
his  realm  have  neglected  their  duties  in  the  accomplishment 
thereof;  whereof  his  highness  marvelleth  not  a  little;  and 
minding  the  execution  of  his  said  former  most  godly  and 
gracious  injunctions,  doth  straitly  charge  and  command,  that 
the  curates  and  parishioners  of  every  town  and  parish  within 
this  his  realm  of  England,  not  having  already  Bibles  pro- 
vided within  their  parish  churches,  shall,  on  this  side  the 
feast  of  All  Saints  next  coming,  buy  and  provide  Bibles  of 
the  largest  and  greatest  volume,  and  cause  the  same  to  be 
set  and  fixed  in  every  of  the  said  parish  churches,  there  to 
be  used  as  is  aforesaid,  according  to  the  said  former  in- 
junctions, upon  pain  that  the  curate  and  inhabitants  of  the 


HENRY  VIII.  AND  THE  CHURCH  271 

parishes  and  towns  shall  lose  and  forfeit  to  the  king's  ma- 
jesty for  every  month  that  they  shall  lack  and  want  the  said 
Bibles,  after  the  same  feast  of  All  Saints,  40$.,  the  one  half 
of  the  same  forfeit  to  be  to  the  king's  majesty,  and  the  other 
half  to  him  or  them  which  shall  first  find  and  present  the 
same  to  the  king's  majesty's  council . . .  And  his  highness 
straitly  chargeth  and  commandeth  that  all  and  singular 
ordinaries,  having  ecclesiastical  jurisdiction  within  this  his 
church  and  realm  of  England,  and  dominion  of  Wales,  that 
they  and  every  of  them  shall  put  their  effectual  endeavours 
that  the  curates  and  parishioners  shall  obey  and  accomplish 
this  his  majesty's  proclamation  and  commandment,  as  they 
tender  the  advancement  of  the  king's  most  gracious  and 
godly  purpose  in  that  behalf  and  as  they  will  answer  to  his 
highness  for  the  same. 

God  save  the  king. 

(Collection  of  Records,  Burnet,  ed.  cit.,  cvii.) 

12  x.   Church  Services  to  be  in  English 
(36  HENRY  VIII,  1545) 

Records,  Burnet 

This  mandate  produced  a  complete  overturn  of  the  old  custom 
of  using  Latin  in  the  services  of  the  Church ;  and  since  its  issue 
the  services  of  the  Church  of  England  have  been  held  in  the 
English  tongue. 

A   MANDATE  FOR  PUBLISHING  AND  USING  THE  PRAYERS   IN  THE 
ENGLISH  TONGUE. 

Mandatum  Domino  Episcopo  London,  direct,  pro  publica- 
tione  Regiarum  Injunctionum. 

Most  reverend  father  in  God,  right  trusty  and  right  well- 
beloved,  we  greet  you  well,  and  let  you  wit,  that  calling  to 
our  remembrance  the  miserable  state  of  all  Christendom, 
being  at  this  present,  besides  all  other  troubles,  so  plagued 
with  most  cruel  wars,  hatred,  and  dissensions,  as  no  place  of 
the  same  almost  (being  the  whole  reduced  to  a  very  narrow 
corner)  remaineth  in  good  peace,  agreement,  and  concord; 
the  help  and  remedy  whereof  far  exceeding  the  power  of 
any  man,  must  be  called  for  of  Him  who  only  is  able  to  grant 
our  petitions,  and  never  forsaketh  nor  repelleth  any  that 
firmly  believe  and  faithfully  call  on  him ;  unto  whom  also 
the  example  of  Scripture  encourageth  us,  in  all  these  and 
other  our  troubles  and  necessities,  to  fly  and  to  cry  for  aid 


273  SOURCE-BOOK  OF  ENGLISH  HISTORY 

and  succour ;  being  therefore  resolved  to  have  continually 
from  henceforth  general  processions,  in  all  cities,  towns, 
churches,  and  parishes  in  this  our  realm,  said  and  sung,  with 
such  reverence  and  devotion  as  appertaineth.  Forasmuch 
as  heretofore  the  people,  partly  for  lack  of  good  instruction 
and  calling,  and  partly  for  that  they  understood  no  part  of 
such  prayers  or  suffrages  as  were  used  to  be  sung  and  said, 
have  used  to  come  very  slackly  to  the  procession,  when  the 
same  have  been  commanded  heretofore ;  we  have  set  forth 
certain  godly  prayers  and  suffrages  in  our  native  English 
tongue,  which  we  send  you  herewith,  signifying  unto  you, 
that  for  the  special  trust  and  confidence  we  have  of  your 
godly  mind,  and  earnest  desire,  to  the  setting  forward  of 
the  glory  of  God,  and  the  true  worshipping  of  his  most  holy 
name,  within  that  province  committed  by  us  unto  you,  we 
have  sent  unto  you  these  suffrages,  not  to  be  for  a  month  or 
two  observed,  and  after  slenderly  considered,  as  other  our 
injunctions  have,  to  our  no  little  marvel,  been  used;  but  to  the 
intent  that  as  well  the  same,  as  other  our  injunctions,  may  be 
earnestly  set  forth  by  preaching  good  exhortations  and  other- 
wise to  the  people,  in  such  sort  as  they  feeling  the  godly 
taste  thereof,  may  godly  and  joyously,  with  thanks,  receive, 
embrace,  and  frequent  the  same,  as  appertaineth.  Where- 
fore we  will  and  command  you,  as  you  will  answer  unto  us 
for  the  contrary,  not  only  to  cause  these  prayers  and  suf- 
frages aforesaid  to  be  published,  frequented,  and  openly  used 
in  all  towns,  churches,  villages,  and  parishes  of  your  own 
diocess,  but  also  to  signify  this  our  pleasure  unto  all  other 
bishops  of  your  province,  willing  and  commanding  them  in 
our  name,  and  by  virtue  hereof,  to  do  and  execute  the  same 
accordingly.  Unto  whose  proceedings,  in  the  execution  of 
this  our  commandment,  we  will  that  you  have  a  special 
respect,  and  make  report  unto  us,  if  any  shall  not  with  good 
dexterity  accomplish  the  same ;  not  failing,  as  our  special 
trust  is  in  you. 

At    St.   James's,   Junii  —  Regni    36.     Directed   to 
the   Archbishop   of   Canterbury. 

(Collection  of  Records,  Burnet,  ed.  cit.,  cxiil. 


CHAPTER   XVI 

THE   REIGN   OF   EDWARD  VI. 


122.  Regulations  concerning  the  Sacrament  of  the  Lord's  Supper 

(i  EDW.  VI,  1547) 

Statutes  at  Large  of  England 

The  following  Act  strikingly  illustrates  one  of  the  results  of 
the  sudden  overthrow  of  Catholicism.  The  sacrament,  which  had 
once  been  to  all  the  most  sacred  of  ceremonies,  became  a  subject 
of  blasphemy  on  both  sides.  So  widespread  was  this  evil  that 
it  was  necessary  to  take  legal  measures  to  suppress  it,  lest  religion 
should  be  utterly  subverted  by  being  brought  into  almost  uni- 
versal disrepute. 

AN  ACT  AGAINST  SUCH  PERSONS  AS  SHALL  UNREVERENTLY 
SPEAK  AGAINST  THE  SACRAMENT  OF  THE  BODY  AND  BLOOD 
OF  CHRIST,  COMMONLY  CALLED  THE  SACRAMENT  OF  THE 
ALTAR,  AND  FOR  THE  RECEIVING  THEREOF  IN  BOTH  KINDS. 

I.  (PREAMBLE.     This  describes  the  nature  and  sanc- 
tity of  the  Sacrament,  recites  the  abuses  thereof,  and  pro- 
vides against  irreverent  speaking  thereof.) 

II.  (Provides    for   the   methods   of   examination   of   Ac- 
cusers.) 

III.  (Provides  for  process  under  this  Act.) 

IV.  (Provision  that  justices  of  the  peace,  before  whom 
trial  is  held,  shall  summons  bishop  of  diocese  to  trial.) 

V.  (Provides  that  indictment  must  be  laid  within  three 
months  after  committal  of  offense.) 

VI.  (Method  of  proof  of  innocence.) 

VII.  And  forasmuch  as  it  is  more  agreeable,  both  to  the 
first  institution  of  the  said  Sacrament  of  the  most  precious 
body  and  blood  of  our  Saviour  Jesus  Christ,  and  also  more 
conformable  to  the  common  use  and  practice  both  of  the 
Apostles  and  the  primitive  Church  by  the  space  of  500  years 
and   more   after   Christ's   ascension,   that   the    said   blessed 
Sacrament   should  be   administered   to   all   Christian   people 
under  both  the  kinds  of  bread  and  wine,  than  under  the 

273 


274  SOURCE-BOOK  OF  ENGLISH  HISTORY 

form  of  bread  only :  And  also  it  is  more  agreeable  to  the 
first  institution  of  Christ,  and  to  the  usage  of  the  Apostles 
and  the  primitive  Church,  that  the  people  being  present 
should  receive  the  same  with  the  priest  than  that  the  priest 
should  receive  it  alone :  Therefore  be  it  enacted  by  our  said 
sovereign  lord  the  King,  with  the  consent  of  the  Lords 
Spiritual  and  Temporal,  and  the  Commons,  in  this  present 
Parliament  assembled,  and  by  the  authority  of  the  same, 
That  the  said  most  blessed  Sacrament  be  hereafter  commonly 
delivered  and  administered  unto  the  people  within  the  Church 
of  England  and  Ireland,  and  other  the  King's  dominions, 
under  both  the  kinds,  that  is  to  say,  of  bread  and  wine, 
except  necessity  otherwise  require:  And  also  the  priest 
which  shall  administer  the  same  shall,  at  the  least  one  day 
before,  exhort  all  persons  which  shall  be  present  likewise 
to  resort  and  prepare  themselves  to  receive  the  same.  And 
when  the  day  prefixed  cometh,  after  a  godly  exhortation  by 
the  minister  made  (wherein  shall  be  further  expressed  the 
benefit  and  comfort  promised  to  them  which  worthily  re- 
ceive the  said  Holy  Sacrament,  and  danger  and  indignation 
of  God  threatened  to  them  which  shall  presume  to  receive 
the  same  unworthily,  to  the  end  that  every  man  may  try  and 
examine  his  own  conscience  before  he  shall  receive  the 
same),  the  said  minister  shall  not  without  a  lawful  cause 
deny  the  same  to  any  person  that  will  devoutly  and  humbly 
desire  it;  any  law,  statute,  ordinance,  or  custom  contrary 
thereto  in  any  wise  notwithstanding:  Not  condemning  here- 
by the  usage  of  any  church  out  of  the  King's  Majesty's 

dominions.  (Ka.  from  Statutes  at  Large,  ed.  cit.,  Ill,  478.) 

123.    The  Act  of  Uniformity 

(2  EDW.  VI,  1548) 

Statutes  at  Large  of  England 

Confusion  in  order  and  lack  of  reverence  in  religious  services 
followed  the  innovations  of  Henry  VIII.  As  Protestantism 
gained  control,  the  disorder  increased.  The  inevitable  end  was 
clearly  foreseen  by  the  advisers  of  Edward  VI.,  and  prompt  action 
was  taken  by  the  following  Act,  which  was  designed  to  cause  all 
the  various  forms  of  divine  service  to  conform  to  one  model, 
that  of  the  Protestant  Church  of  England. 

AN    ACT    FOR    THE    UNIFORMITY    OF    SERVICE    AND    ADMINISTRA- 
TION   OF   THE    SACRAMENTS    THROUGHOUT   THE    REALM 

(The  preamble  recites  the  uses  of  various  forms  of  ser- 
vice ;  the  attempt  of  the  King  and  Lord  Protector  to  prevent 


THE  REIGN  OF  EDWARD  VI.  275 

innovations;  the  clemency  of  the  King  in  not  punishing  of- 
fenders against  his  decrees;  the  appointment  of  the  Arch- 
bishop of  Canterbury  and  others  to  frame  a  common  order 
of  prayer  and  rites;  the  framing  of  the  Book  of  Common 
Prayer;  and  the  thanks  of  Parliament  for  the  latter.  It 
also  asks  amnesty  for  all  offenders  in  the  premises,  and 
proceeds:) 

. . .  and  that  all  and  singular  ministers  in  any  cathedral  or 
parish  church  or  other  place  within  this  realm  of  England, 
Wales,  Calais,  and  the  marches  of  the  same,  or  other  the 
King's  dominions,  shall,  from  and  after  the  feast  of  Pente- 
cost next  coming,  be  bounden  to  say  and  use  the  matins, 
evensong,  celebration  of  the  Lord's  Supper,  commonly  called 
the  Mass,  and  administration  of  each  of  the  Sacraments,  and 
all  their  common  and  open  prayer,  in  such  order  and  form 
as  is  mentioned  in  the  same  book,  and  none  other  or  other- 
wise. And  albeit  that  the  same  be  so  godly  and  good  that 
they  give  occasion  to  every  honest  and  conformable  man 
most  willingly  to  embrace  them,  yet  lest  any  obstinate  person 
who  willingly  would  disturb  so  godly  order  and  quiet  in 
this  realm  should  not  go  unpunished,  that  it  may  also  be 
ordained  and  enacted  by  the  authority  aforesaid,  That  if  any 
manner  of  parson,  vicar,  or  other  whatsoever  ministers,  that 
ought  or  should  sing  or  say  Common  Prayer  mentioned  in 
the  said  Book,  or  administer  the  Sacraments,  shall  after  the 
said  feast  of  Pentecost  next  coming  refuse  to  use  the  said 
Common  Prayers,  or  to  administer  the  Sacraments  in  such 
cathedral  or  parish  church,  or  other  places  as  he  should  use 
or  administer  the  same,  in  such  order  and  form  as  they  be 
mentioned  and  set  forth  in  the  said  Book ;  or  shall  use,  wil- 
fully and  obstinately  standing  in  the  same,  any  other  rite, 
ceremony,  order,  form,  or  manner  of  Mass  openly  or  privily, 
or  matins,  evensong,  administration  of  the  Sacraments,  or 
other  open  prayer  than  is  mentioned  and  set  forth  in  the  said 
Book  (open  prayer,  in  and  throughout  this  Act,  is  meant 
that  prayer  which  is  for  other  to  come  unto  and  hear,  either 
in  common  churches  or  private  chapels  or  oratories,  com- 
monly called  the  Service  of  the  Church)  :  or  shall  preach, 
declare,  or  speak  any  thing  in  the  derogation  or  depraving 
of  the  said  Book,  or  any  thing  therein  contained,  or  of  any 
part  thereof;  and  shall  be  thereof  lawfully  convicted  ac- 
cording to  the  laws  of  this  realm,  by  verdict  of  twelve  men, 
or  by  his  own  confession,  or  by  the  notorious  evidence  of  the 
fact,  shall  lose  and  forfeit  to  the  King's  Highness,  his  heirs 


276  SOURCE-BOOK  OF  ENGLISH  HISTORY 

and  successors,  for  his  first  offence,  the  profits  of  such  one 
of  his  spiritual  benefices  or  promotions  as  it  shall  please  the 
King's  Highness  to  assign  or  appoint,  coming  and  arising 
in  one  whole  year  next  after  his  conviction.  [The  rest  of 
this  section  deals  with  form  of  penalty  for  first,  second,  and 
third  offences.] 

II.  And  it  is  ordained  and  enacted  by  the  authority  above- 
said,  That  if  any  person  or  persons  whatsoever,  after  the 
said  feast  of  Pentecost  next  coming,  shall  in  any  interludes, 
plays,   songs,   rhymes,   or  by  other  open   words,   declare   or 
speak  any  thing  in  the  derogation,  depraving,  or  despising 
of  the  same  Book,  or  of  any  thing  therein  contained,  or  any 
part  thereof;  or  shall  by  open  fact,  deed,  or  by  open  threat- 
enings,  compel  or  cause,  or  otherwise  procure  or  maintain 
any   parson,   vicar,   or   other   minister   in    any   cathedral    or 
parish  church,  or  in  any  chapel  or  other  place,  to  sing  or  say 
any  common  and  open  prayer,  or  to  administer  any  Sacra- 
ment otherwise  or  in   any  other  manner  or   form  than   is 
mentioned   in   the   said   Book;   or   that  by   any  of  the   said 
means  shall   unlawfully   interrupt  or  let  any  parson,   vicar, 
or  other  ministers  in  any  cathedral  or  parish  church,  chapel, 
or  any  other  place,  to  sing  or  say  common  and  open  prayer, 
or  to  administer  the   Sacraments,   or  any  of  them,   in   any 
such  manner  and  form  as  is  mentioned  in  the  said  Book ;  that 
then  every  person  being  thereof  lawfully  convicted  in  form 
abovesaid,  shall  forfeit  to  the  King  our  sovereign  lord,  his 
heirs  and  successors,  for  the  first  offence  ten  pounds.     [The 
rest  of  this  section  deals  with  forms  of  penalties.] 

III.  (Provides  that  justices  of  oyer  may  sit  in  judgment.) 

IV.  (Provides  that  a  bishop  may  at  his  pleasure  join  with 
the  justices  at  the  trial.) 

V.  Provided  always,  That  it  shall  be  lawful  to  any  man 
that  understandeth   the   Greek,   Latin,   and   Hebrew   tongue, 
or  other  strange  tongue,  to  say  and  have  the  said  prayers 
heretofore  specified  of  matins  and  evensong  in  Latin,  or  any 
such  other  tongue,   saying  the   same  privately,  as  they  do 
understand. 

VI.  And  for  the  further  encouragement  of  learning  in  the 
tongues  in  the  Universities  of  Cambridge  and  Oxford  to  use 
and   exercise    in   their   common   and   open   prayer   in   their 
chapels    (being    no    parish    churches),    or    other    places    of 
prayer,  the  matins,  evensong,  litany,  and  all  other  prayers 
(the    Holy    Communion,    commonly    called    the    Mass,    ex- 
cepted),  prescribed  in  the  said  Book,  in  Greek,   Latin,  or 


THE  REIGN  OF  EDWARD  VI.  277 

Hebrew;   any   thing   in   this   present   Act   to   the   contrary 
notwithstanding. 

VII.  Provided  also,  That  it  shall  be  lawful  for  all  men, 
as  well  in  churches,  chapels,  oratories,  or  other  places,  to 
use  openly  any  psalms  or  prayer  taken  out  of  the  Bible,  at 
any  due  time,  not  letting  or  omitting  thereby  the  Service, 
or  any  part  thereof,  mentioned  in  the  said  Book. 

VIII.  (Provides  that  Service  Books  shall  be  gotten  by  all 
churches  before  the  next  feast  of  Pentecost.) 

IX.  X,  XI,  XII,  and  XIII  provide  for  procedure  and  juris- 
diction under  this  Act. 

(Ed.  from  Statutes  at  Large,  ed.  cit.,  Ill,  p.  517.) 

124.   Against  Books  and  Images 

(3  EDW.  VI,  1549) 

Statutes  at  Large  of  England 

The  zeal  of  the  Protestant  party  led  to  the  issue  of  stringent 
acts  against  all  practices  that  recalled  the  doctrines  of  the  Catho- 
lic Church.  Uniformity  of  worship  was  secured  by  careful  sup- 
pression and  drastic  legislation. 

Whereas  the  King's  most  excellent  Majesty  hath  of  late 
set  forth  and  established  by  authority  of  Parliament  an 
uniform,  quiet,  and  godly  order  for  Common  and  Open 
Prayer,  in  a  book  entitled,  The  Book  of  Common  Prayer 
and  Administration  of  the  Sacraments,  and  other  Rites  and 
Ceremonies  of  the  Church,  after  the  Church  of  England,  to 
be  used  and  observed  in  the  said  Church  of  England,  agree- 
ably to  the  order  of  the  primitive  Church,  much  more  com- 
fortable unto  his  loving  subjects  than  other  diversity  of  ser- 
vice, as  heretofore  of  long  time  hath  been  used,  being  in  the 
said  book  ordained,  nothing  to  be  read  but  the  very  pure 
Word  of  God,  or  which  is  evidently  grounded  upon  the 
same ;  and  in  the  other,  things  corrupt,  untrue,  vain,  and 
superstitious,  and  as  it  were  a  preparation  to  superstition; 
which  for  that  they  be  not  called  in,  but  permitted  to  re- 
main undefaced,  do  not  only  give  occasion  to  such  perverse 
persons  as  do  impugn  the  order  and  godly  meaning  of  the 
King's  said  Book  of  Common  Prayer,  to  continue  in  their 
old  accustomed  superstitious  service,  but  also  minister  great 
occasion  to  diversity  of  opinions,  rites,  ceremonies,  and 
services :  Be  it  therefore  enacted  by  the  King  our  Sovereign 
Lord,  the  Lords  Spiritual  and  Temporal,  and  the  Commons, 
in  the  present  Parliament  assembled,  That  all  books  called 
antiphoners,  missals,  grailes,  processionals,  manuals,  legends, 


2?3  SOURCE-BOOK  OF  ENGLISH  HISTORY 

pies,  portuasscs,  primers  in  Latin  or  English,  couchers,  jour- 
nals, ordinals,  or  other  books  or  writings  whatsoever  hereto- 
fore used  for  service  of  the  Church,  written  or  printed  in  the 
English  or  Latin  tongue,  other  than  such  as  are  or  shall  be 
set  forth  by  the  King's  Majesty,  shall  be  by  authority  of  this 
present  Act  clearly  and  utterly  abolished,  extinguished,  and 
forbidden  for  ever  to  be  used  or  kept  in  this  realm,  or  else- 
where within  any  of  the  King's  dominions. 

II.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  if  any  person  or  persons,  of  what  estate,   degree,  or 
condition   soever  he,   she,   or  they  be,   body  politic  or   cor- 
porate, that  now  have  or  hereafter  shall  have  in  his,  her,  or 
their  custody,  any  the  books  or  writings  of  the  sorts  afore- 
said,  or   any   images   of   stone,   timber,   alabaster,   or   earth, 
graven,    carved,    or   painted,    which    heretofore    have    been 
taken   out   of   any   church   or   chapel,   or   yet   stand   in   any 
church  or  chapel,  and  do  not  before  the  last  day  of  June 
next  ensuing  deface  and  destroy,  or  cause  to  be  defaced  and 
destroyed,  the  same  images  and  every  of  them,  and  deliver 
or  cause  to  be  delivered  all  and  every  the  same  books  to  the 
mayor,    bailiff,    constable,    or   church-wardens    of   the    town 
where  such  books  then  shall  be,  to  be  by  them  delivered  over 
openly  within   three   months  next   following  after   the   said 
delivery,  to  the  archbishop,  bishop,   chancellor,  or  commis- 
sary, of  the  same  diocese,  to  the  intent  the  said  archbishop, 
bishop,  chancellor,  or  commissary,  and  every  of  them,  cause 
them  immediately  either  to  be  openly  burnt  or  otherwise  de- 
faced and  destroyed ;  shall  for  every  such  book  or  books  will- 
ingly retained  in  his,  her, or  their  hands  or  custody  within  this 
realm,  or  elsewhere  within  any  of  the  King's  dominions,  and 
not  delivered  as  is  aforesaid,  after  the  said  last  day  of  June, 
and  be  thereof  lawfully  convict,  forfeit  and  lose  to  the  King 
our  Sovereign  Lord,  for  the  first  offence  xx  s.,  and  for  the 
second  offence  shall  forfeit  and  lose  (being  thereof  lawfully 
convict)    iv  /',   and   for  the  third  offence   shall   suffer  im- 
prisonment at  the  King's  will. 

III.  (Provides  penalty  in  case  of  default  of  duty  by  any 
Mayor,  etc.) 

IV.  (Provides  for  jurisdiction  by  Justices  of  the  Assize.) 

V.  Provided  also,  and  be  it  enacted  by  the  authority  afore- 
said, That  any  person  or  persons  may  use,  keep,  have,  and 
retain  any  primers  in  the  English  or  Latin  tongue,  set  forth 
by  the  late  King  of  famous  memory,  King  Henry  the  Eighth, 
so  that  the  sentences  of  invocation  or  prayer  to  the  saints  in 


THE  REIGN  OF  EDWARD  VI.  279 

the  same  primers  be  blotted  or  clearly  put  out  of  the  same; 
any  thing  in  this  Act  to  the  contrary  notwithstanding. 

VI.  Provided  always,  That  this  Act,  or  any  thing  therein 
contained,  shall  not  extend  to  any  image  or  picture  set  or 
graven  upon  any  tomb  in  any  church,  chapel,  or  church- 
yard, only  for  a  monument  of  any  king,  prince,  nobleman,  or 
other  dead  person,  which  hath  not  been  commonly  reputed  or 
taken  for  a  saint,  but  that  such  pictures  and  images  my 
stand  and  continue  in  like  manner  and  form  as  if  this  Act 
had  never  been  had  nor  made;  any  thing  in  this  Act  to  the 
contrary  in  any  wise  notwithstanding. 

(Ed.  from  Statutes  at  Large,  ed.  cited,  III,  p.  565.' 

125.   Journal  of  Edward  VI. 

Records,  Burnet 

The  following  extracts  from  the  journal  of  Edward  VI.,  a  mere 
boy,  are  pathetic  in  their  evidence  of  abnormal  precocity.  They 
are  also  important  in  that  they  foreshadow  the  attitude  of  Mary 
toward  the  Protestant  religion. 

March  [1550] 

18.  The  lady  Mary,  my  sister,  came  to  me  at  Westminster, 
where,  after  salutations,  she  was  called  with  my  council,  into 
a  chamber;  where  was  declared  how  long  I  had  suffered  her 
mass,  in  hope  of  her  reconciliation,  and  how  now  being  no 
hope,  which  I  perceived  by  her  letters,  except  I  saw  some 
short  amendment,  I  could  not  bear  it.     She  answered,  "that 
her  soul  was  God's,  and  her  faith  she  would  not  change, 
nor  dissemble  her  opinion  with  contrary  doings."     It  was 
said,  "I  constrained  not  her  faith,  but  willed  her  not  as  a 
king  to  rule,  but  as  a  subject  to  obey;  and  that  her  example 
might  breed  too  much  inconvenience." 

19.  The  emperor's  ambassador  came  with  a  short  message 
from  his  master  of  war,  if  I  would  not  suffer  his  cousin,  the 
princess,  to  use  her  mass.     To  this  was  no  answer  given  at 
this  time. 

20.  The   bishops  of  Canterbury,   London,   Rochester,   did 
consider  to  give  license  to  sin,  was  sin;  to  suffer  and  wink 
at  it  for  a  time  might  be  born,  so  all  haste  possible  might 
be  used. 

23.  The  council  having  the  bishop's  answers,  seeing  my 
subjects  taking  their  vent  in  Flanders,  might  put  the  whole 
realm  in  danger.  The  Flemings  had  cloth  enough  for  a  year  in 
their  hand,  and  were  kept  far  unde.r  the  danger  of  the  papists; 


28o  SOURCE-BOOK  OF  ENGLISH  HISTORY 

the  fifteen  hundred  cinquetales  of  powder  I  had  in  Flanders, 
the  harness  they  had  for  preparation  of  the  gendarmory, 
the  goods  my  merchants  had  there  at  the  Wool  fleet,  decreed 
to  send  an  ambassador  to  the  emperor,  Mr.  Wotton,  to  deny 
the  matter  wholly,  and  persuade  the  emperor  in  it,  thinking, 
by  his  going,  to  win  some  time  for  a  preparation  of  a  mart, 
convenience  of  powder,  harness,  etc.,  and  for  the  surety  of  the 
realm.  In  the  mean  season,  to  punish  the  offenders,  first  of 
my  servants  that  heard  mass,  next  of  hers. 

24.  Sir  Anthony  Brown  sent  to  the  Fleet  for  hearing  mass 
with  serjeant  Morgan,  sir   Clement  Smith,  which  a  year  be- 
fore heard  mass,  chidden. 

25.  The   ambassador   of   the   emperor   came   to   have   his 
answer,  but  had  none,   saving,  that  one  should  go  to  the 
emperor  within  a  month  or  two  to  declare  the  matter. 

(Collection  of  Records,  Burnet,  ed.  cit.,  clxvi. 


CHAPTER    XVII 

THE   REACTION   AGAINST   PROTESTANTISM 


126.  Lady  Jane  Grey's  Claim  to  the  Throne 

Records,  Burnet 

The  claim  of  Lady  Jane  Dudley  —  or,  as  she  is  better  known, 
of  Lady  Jane  Grey  —  to  the  throne  of  England  is  set  forth  in  the 
following  document.  The  text  has  been  given  in  full,  as  it  throws 
light  upon  a  little-understood  period,  and  gives  the  complete 
ground  of  claim  of  the  unfortunate  lady  whose  reign  was  the 
briefest  of  England's  queens. 

Jane,  by  the  grace  of  God  queen  of  England,  France,  and 
Ireland,  defender  of  the  faith,  and  of  the  Church  of  England, 
and  also  of  Ireland,  under  Christ  on  earth  the  supreme  head. 
To  all  our  most  loving,  faithful,  and  obedient  subjects,  and 
to  every  of  them,  greeting.  Whereas  our  most  dear  cousin 
Edward  the  6th,  late  king  of  England,  France,  and  Ireland, 
Defender  of  the  Faith ;  and  on  earth  supreme  head,  under 
Christ,  of  the  Church  of  England  and  Ireland;  by  his  letters 
patents,  signed  with  his  own  hand,  and  sealed  with  his  great 
seal  of  England,  bearing  date  the  2ist  day  of  June,  in  the  sev- 
enth year  of  his  reign ;  in  the  presence  of  the  most  part  of 
his  nobles,  his  counsellors,  judges,  and  divers  other  grave 
and  sage  personages,  for  the  profit  and  surety  of  his  whole 
realm,  thereto  assenting  and  subscribing  their  names  to  the 
same,  hath,  by  the  same  his  letters  patent,  recited,  that  foras- 
much as  the  imperial  crown  of  this  realm,  by  an  act  made  in 
the  35th  year  of  the  reign  of  the  late  king,  of  worthy  memory, 
king  Henry  the  8th,  our  progenitor,  and  great  uncle,  was, 
for  lack  of  issue  by  his  body  lawfully  begotten;  and  for  lack 
of  issue  of  the  body  of  our  said  late  cousin  king  Edward  the 
6th,  by  the  same  act,  limited  and  appointed  to  remain  to  the 
lady  Mary  his  eldest  daughter,  and  to  the  heirs  of  her  body 
lawfully  begotten :  and  for  default  of  such  issue,  the  re- 
mainder thereof  to  the  lady  Elizabeth,  by  the  name  of  the 

"  281 


282  SOURCE-BOOK  OF  ENGLISH  HISTORY 

lady  Elizabeth  his  second  daughter,  and  to  the  heirs  of  her 
body  lawfully  begotten;  with  such  conditions  as  should  be 
limited  and  appointed  by  the  said  late  king  of  worthy  mem- 
ory, king  Henry  the  8th,  our  progenitor,  and  great  uncle,  by 
his  letters  patent  under  his  great  seal,  or  by  his  last  will 
in  writing,  signed  with  his  hand.  And  forasmuch  as  the 
said  limitation  of  the  imperial  crown  of  his  realm  being 
limited,  as  is  aforesaid,  to  the  said  lady  Mary,  and  lady 
Elizabeth,  being  illegitimate,  and  not  lawfully  begotten,  for 
that  the  marriage  had,  between  the  said  late  king,  king 
Henry  the  8th,  our  progenitor,  and  great  uncle,  and  the 
lady  Katherine,  mother  of  the  said  lady  Mary ;  and  also  the 
marriage  had  between  the  said  late  king,  king  Henry  the 
8th,  our  progenitor,  and  great  uncle,  and  the  lady  Ann, 
mother  of  the  said  lady  Elizabeth,  were  clearly  and  lawfully 
undone,  by  sentences  of  divorce,  according  to  the  word  of 
God,  and  the  ecclesiastical  laws;  and  which  said  several 
divorcements  have  been  severally  ratified  and  confirmed 
by  authority  of  Parliament,  and  especially  in  the  28th  year 
of  the  reign  of  king  Henry  the  8th,  our  said  progenitor, 
and  great  uncle,  remaining  in  force,  strength,  and  effect, 
whereby,  as  well  the  said  lady  Mary,  as  also  the  said 
lady  Elizabeth,  to  all  intents  and  purposes,  are,  and  been 
clearly  disabled,  to  ask,  claim,  or  challenge  the  said  imperial 
crown,  or  any  other  of  the  honours,  castles,  manours,  lord- 
ships, lands,  tenements,  or  other  hereditaments,  as  heir  or 
heirs  to  our  said  late  cousin  king  Edward  the  6th,  or  as  heir 
or  heirs  to  any  other  person  or  persons  whatsoever,  as  well 
for  the  cause  before  rehearsed,  as  also  for  that  the  said  lady 
Mary,  and  lady  Elizabeth,  were  unto  our  said  late  cousin  but 
of  the  half-blood,  and  therefore  by  the  ancient  laws,  statutes. 
and  customs  of  this  realm,  be  not  inheritable  unto  our  said 
late  cousin,  although  they  had  been  born  in  lawful  matri- 
mony; as  indeed  they  were  not,  as  by  the  said  sentences  of 
divorce,  and  the  said  statute  of  the  28th  year  of  the  reign  of 
king  Henry  the  8th,  our  said  progenitor,  and  great  uncle, 
plainly  appeareth.  And  forasmuch  also,  as  it  is  to  be  thought, 
or  at  the  least  much  to  be  doubted,  that  if  the  said  lady  Mary, 
or  lady  Elizabeth,  should  hereafter  have  or  enjoy  the  said 
imperial  crown  of  this  realm,  and  should  then  happen  to 
marry  with  any  stranger  born  out  of  this  realm,  that  then  the 
said  stranger,  having  the  government  and  the  imperial  crown 
in  his  hands,  would  adhere  and  practice  not  only  to  bring 
this  noble,  free  realm  into  the  tyranny  and  servitude  of  the 


REACTION  AGAINST  PROTESTANTISM          283 

bishops  of  Rome,  but  also  to  have  the  laws  and  customs  of 
his  or  their  own  native  country  or  countries,  to  be  practised 
and  put  in  use  within  this  realm,  rather  than  the  laws,  stat- 
utes, and  customs  here  of  long  time  used;  whereupon  the 
title  of  inheritance,  of  all  and  singular  the  subjects  of  this 
realm  to  depend,  to  the  peril  of  conscience,  and  the  utter 
subversion  of  the  common-weal  of  this  realm :  whereupon 
our  said  late  dear  cousin,  weighing  and  considering  within 
himself  which  ways  and  means  were  most  convenient  to  be 
had  for  the  stay  of  the  said  succession,  in  the  said  imperial 
crown,  if  it  should  please  God  to  call  our  said  late  cousin 
out  of  this  transitory  life,  having  no  issue  of  his  body;  and 
calling  to  his  remembrance,  that  we,  and  the  lady  Katherine, 
and  the  lady  Mary,  our  sisters  (being  the  daughters  of  the 
lady  Frances,  our  natural  mother,  and  then,  and  yet,  wife  of 
our  natural  and  most  loving  father,  Henry  duke  of  Suffolk ; 
and  the  lady  Margaret,  daughter  of  the  lady  Elianor,  then 
deceased,  sister  of  the  said  lady  Frances,  and  the  late  wife 
of  our  cousin  Henry  earl  of  Cumberland)  were  very  nigh 
of  his  grace's  blood,  of  the  part  of  his  father's  side,  our  said 
progenitor,  and  great  uncle ;  and  being  naturally  born  here, 
within  the  realm ;  and  for  the  very  good  opinion  our  said 
late  cousin  had  of  our  said  sisters'  and  cousin  Margaret's 
good  education,  did  therefore,  upon  good  deliberation  and 
advice  herein  had,  and  taken,  by  his  said  letters  patents, 
declare,  order,  assign,  limit,  and  appoint,  that  if  it  should 
fortune  himself,  our  said  late  cousin,  king  Edward  the  Sixth, 
to  decease,  having  no  issue  of  his  body  lawfully,  begotten, 
that  then  the  said  imperial  crown  of  England  and  Ireland, 
and  the  confines  of  the  same,  and  his  title  to  the  crown  of 
the  realm  of  France ;  and  all  and  singular  honours,  castles, 
prerogatives,  privileges,  preeminencies  and  authorities,  ju- 
risdictions, dominions,  possessions,  and  hereditaments,  to 
our  said  late  cousin,  king  Edward  the  Sixth,  or  to  the  said 
imperial  crown  belonging,  or  in  any-wise  appertaining, 
should,  for  lack  of  such  issue  of  his  body,  remain,  come,  and 
be  to  the  eldest  son  of  the  body  of  the  said  lady  Frances,  law- 
fully begotten,  being  born  into  the  world  in  his  life-time,  and 
to  the  heirs  males  of  the  body  of  such  eldest  son  lawfully  be- 
gotten ;  and  so  from  son  to  son,  as  he  should  be  of  vicinity  of 
birth  of  the  body  of  the  said  lady  Francis,  lawfully  begotten, 
being  born  into  the  world  in  our  said  late  cousin's  life-time, 
and  to  the  heirs  male  of  the  body  of  every  such  son  lawfully 
begotten.  And  for  default  of  such  son  born  into  the  world 


284  SOURCE-BOOK  OF  ENGLISH  HISTORY 

in  his  life-time,  of  the  body  of  the  said  lady  Frances,  law- 
fully begotten ;  and  for  lack  of  heirs  males  of  every  such  son 
lawfully  begotten,  that  then  the  said  imperial  crown,  and  all 
and  singular  other  the  premises,  should  remain,  come,  and 
be  to  us,  by  the  name  of  the  lady  Jane,  eldest  daughter  of 
the  said  lady  Frances,  and  to  the  heirs  male  of  our  body 
lawfully  begotten,  and  for  the  lack  of  such  issue,  then  to  the 
lady  Katherine  aforesaid,  our  said  second  sister,  and  the  heirs 
male  of  her  body  lawfully  begotten,  with  divers  other  re- 
mainders, as  by  the  same  letters-patents  more  plainly  and 
at  large  it  may  and  doth  appear.  Sithence  the  making  of 
our  letters  patents,  that  is  to  say,  on  Thursday,  which  was 
the  6th  day  of  this  instant  month  of  July,  it  hath  pleased  God 
to  call  unto  his  infinite  mercy  our  said  most  dear  and  entirely 
beloved  cousin  Edward  the  Sixth,  whose  soul  God  pardon ; 
and  forasmuch  as  he  is  now  deceased,  having  no  heirs  of  his 
body  begotten ;  and  that  also  there  remaineth  at  this  present 
time  no  heirs  lawfully  begotten,  of  the  body  of  our  said  pro- 
genitor, and  great  uncle,  king  Henry  the  Eighth ;  and  for- 
asmuch also  as  the  said  lady  Frances,  our  said  mother,  had 
no  issue  male  begotten  of  her  body,  and  born  into  the  world, 
in  the  life-time  of  our  said  cousin  king  Edward  the  Sixth,  so 
as  the  said  imperial  crown,  and  other  the  premises  to  the 
same  belonging,  or  in  any-wise  appertaining,  now  be,  and 
remain  to  us,  in  our  actual  and  royal  possession,  by  authority 
of  the  said  letters  patents :  we  do  therefore  by  these  presents 
signify,  unto  all  our  most  loving,  faithful,  and  obedient  sub- 
jects, that  like-as  we  for  our  part  shall,  by  God's  grace,  shew 
ourselves  a  most  gracious  and  benign  sovereign  queen  and 
lady  to  all  our  good  subjects,  in  all  their  just  and  lawful  suits 
and  causes ;  and  to  the  uttermost  of  our  power,  shall  preserve 
and  maintain  God's  most  holy  word,  Christian  policy,  and 
the  good  laws,  customs,  and  liberties  of  these  our  realms  and 
dominions;  so  we  mistrust  not  but  they,  and  every  of  them, 
will  again,  for  their  parts,  at  all  times,  and  in  all  cases,  shew 
themselves  unto  us,  their  natural  liege  queen  and  lady,  most 
faithful,  loving,  and  obedient  subjects,  according  to  their 
bounden  duties  and  allegiance,  whereby  they  shall  please 
God,  and  do  the  things  that  shall  tend  to  their  own  preserva- 
tion and  sureties ;  willing  and  commanding  all  men,  of  all 
estates,  degrees,  and  conditions,  to  see  our  peace  and  accord 
kept,  and  to  be  obedient  to  our  laws,  as  they  tender  our 
favour,  and  will  answer  for  the  contrary  at  their  extreme 
perils.  In  witness  whereof,  we  have  caused  these  our  letters 


REACTION  AGAINST  PROTESTANTISM          285 

to  be  made  patents.     Witness  ourself,  at  our  Tower  of  Lon- 
don, the  tenth  day  of  July,  in  the  first  year  of  our  reign. 

God  save  the  Queen. 

(Collection  of  Records,  Burnet,  ed.  cit.,  ccliii.) 

127.  Execution  of  Lady  Jane  Grey 

Foxe 

The  brief  reign  of  Lady  Jane  Grey  Dudley  was  brought  to  a 
pathetic  close  with  her  condemnation  to  death.  Her  bearing  on 
the  scaffold  was  marked  by  resignation  and  dignity,  and  the 
sympathies  of  all,  even  those  who  were  opposed  to  her  claim  as 
queen,  were  given  to  the  young  girl  who  died  so  bravely. 

These  are  the  words  that  the  lady  Jane  spake  upon  the 
scaffold,  at  the  hour  of  her  death.  First,  when  she  mounted 
upon  the  scaffold,  she  said  to  the  people  standing  thereabout, 
"Good  people,  I  am  come  hither  to  die,  and  by  a  law  I  am 
condemned  to  the  same.  The  fact  against  the  queen's  high- 
ness was  unlawful,  and  the  consenting  thereunto  by  me :  but 
touching  the  procurement  and  desire  thereof  by  me,  or  on  my 
behalf,  I  do  wash  my  hands  thereof  in  innocency  before  God, 
and  the  face  of  you,  good  Christian  people,  this  day :"  and 
therewith  she  wrung  her  hands,  wherein  she  had  her  book. 
Then  said  she,  "I  pray  you  all,  good  Christian  people,  to  bear 
me  witness  that  I  die  a  true  Christian  woman,  and  that  I  do 
look  to  be  saved  by  no  other  mean,  but  only  by  the  mercy  of 
God,  in  the  blood  of  his  only  son  Jesus  Christ:  and  I  confess, 
that  when  I  did  know  the  word  of  God,  I  neglected  the  same, 
loved  myself  and  the  world ;  and  therefore  this  plague  and 
punishment  is  happily  and  worthily  happened  unto  me  for 
my  sins ;  and  yet  I  thank  God,  that  of  his  goodness  he  hath 
thus  given  me  a  time  and  respite  to  repent.  And  now,  good 
people,  while  I  am  alive,  I  pray  you  assist  me  with  your 
prayers."  And  then,  kneeling  down,  she  turned  her  to  Feck- 
nam,  saying:  "Shall  I  say  this  psalm?"  And  he  said,  "Yea." 
Then  said  she  the  psalm  of  "Miserere  met  Deus"  in  English, 
in  most  devout  manner,  throughout  to  the  end ;  and  then  she 
stood  up,  and  gave  her  maiden,  mistress  Ellen,  her  gloves 
and  handkerchief,  and  her  book  to  master  Bruges.  And 
then  she  untied  her  gown,  and  the  hangman  pressed  upon  her 
to  help  her  off  with  it;  but  she,  desiring  him  to  let  her  alone, 
turned  towards  her  two  gentlewomen,  who  helped  her  off 
therewith,  and  also  with  her  frowes  paste  and  neckerchief, 
giving  to  her  a  fair  handkerchief  to  knit  about  her  eyes. 

Then  the  hangman  kneeled  down  and  asked  her  forgive- 


280  SOURCE-BOOK  OF  ENGLISH  HISTORY 

ness,  whom  she  forgave  most  willingly.  Then  he  willed  her 
to  stand  upon  the  straw ;  which  doing,  she  saw  the  block. 
Then  she  said,  "I  pray  you  despatch  me  quickly."  Then  she 
kneeled  down,  saying,  "Will  you  take  it  off,  before  I  lay  me 
down?"  And  the  hangman  said,  "Xo,  madam."  Then  tied 
she  the  handkerchief  about  her  eyes,  and  feeling  for  the 
block,  she  said,  "What  shall  I  do?  Where  is  it?  Where  is 
it?"  One  of  the  standers-by  guiding  her  thereunto  she  laid 
her  head  down  upon  the  block,  and  then  stretched  forth  her 
body,  and  said,  "Lord,  into  thy  hands  I  commend  my  spirit ;" 
and  so  finished  her  life,  in  the  year  of  our  Lord  God  1554, 
the  I2th  day  of  February. 

(Acts  and  Monuments,  of  John  J'oxc,  ed.  J.  Pratt,  I.ond.  n.  d.  4th  ed.,  VI,  423.) 

128.   Mary's  Claim  to  the  Throne 

Acts  and  Monuments,  Foxe 

That  the  claim  of  Lady  Jane  Grey  was  not  without  strong 
support  is  shown  by  the  following  correspondence  between  Mary 
and  the  lords  of  the  council.  The  answer  of  the  prominent  lords 
to  the  claim  of  Mary  is  very  sharp  in  its  tone,  and  some  of  the 
Protestants  afterward  paid  dearly  for  their  partisanship  of  Lady 
Jane  and  for  their  strictures  upon  the  legitimacy  of  Mary. 

My  lords,  we  greet  you  well,  and  have  received  sure  adver- 
tisement, that  our  dearest  brother  the  king,  our  late  sover- 
eign lord,  is  departed  to  God's  mercy;  which  news  how  wo- 
ful  they  be  unto  our  heart,  he  only  knoweth,  to  whose  will 
and  pleasure  we  must,  and  do,  humbly  submit  us  and  our 
wills.  But  in  this  so  lamentable  a  case,  that  is  to  wit  now, 
after  his  majesty's  departure  and  death,  concerning  the 
crown  and  governance  of  this  realm  of  England,  with  the 
title  of  France,  and  all  things  thereto  belonging,  what  hath 
been  provided  by  act  of  Parliament,  and  the  testament  and 
last  will  of  our  dearest  father,  besides  other  circumstances 
advancing  our  right,  you  know,  the  realm  and  the  whole 
world  knoweth ;  the  rolls  and  records  appear  by  the  authority 
of  the  king  our  said  father,  and  the  king  our  said  brother, 
and  the  subjects  of  this  realm;  so  that  we  verily  trust  that 
there  is  no  good  true  subject,  that  is,  can,  or  would  pretend 
to  be  ignorant  thereof;  and  of  our  part  we  have  of  ourselves 
caused,  and,  as  God  shall  aid  and  strengthen  us,  shall  cause, 
our  right  and  title  in  this  behalf  to  be  published  and  pro- 
claimed accordingly.  And  albeit  this  so  weighty  matter 
seemeth  strange,  that  our  said  brother,  dying  upon  Thursday 
at  night  last  past,  we  hitherto  had  no  knowledge  from  you 


REACTION  AGAINST  PROTESTANTISM          287 

thereof,  yet  we  consider  your  wisdoms  and  prudence  to  be 
such,  that  having  eftsoons  among  you  debated,  pondered,  and 
well  weighed  this  present  case  with  our  estate,  with  your 
own  estate,  the  commonwealth,  and  all  our  honours,  we  shall 
and  may  conceive  great  hope  and  trust,  with  much  assurance 
in  your  loyalty  and  service ;  and  therefore  for  the  time  inter- 
pret and  take  things  not  to  the  worst,  and  that  ye  will,  like 
noblemen,  work  the  best.  Nevertheless,  we  are  not  ignorant 
of  your  consultations,  to  undo  the  provisions  made  for  our 
preferment,  nor  of  the  great  bands,  and  provisions  forcible, 
wherewith  ye  be  assembled  and  prepared  —  by  whom,  and  to 
what  end,  God  and  you  know,  and  nature  cannot  but  fear 
some  evil.  But  be  it  that  some  consideration  politic,  or 
whatsoever  thing  else  hath  moved  you  thereto;  yet  doubt  you 
not,  my  lords,  but  we  can  take  all  these  your  doings  in  gra- 
cious part,  being  also  right  ready  to  remit  and  fully  pardon 
the  same,  and  that  freely,  to  eschew  bloodshed  and  vengeance, 
against  all  those  that  can  or  will  intend  the  same;  trust- 
ing also  assuredly  you  will  take  and  accept  this  grace  and 
virtue  in  good  part,  as  appertained,  and  that  we  shall  not  be 
enforced  to  use  the  service  of  others  our  true  subjects  and 
friends,  which  in  this  our  just  and  right  cause,  God,  in  whom 
our  whole  affiance  is,  shall  send  us.  Wherefore,  my  lords, 
we  require  you,  and  charge  you  and  every  of  you,  that  of 
your  allegiance  which  you  owe  to  God  and  us,  and  to  none 
other,  for  our  honour  and  the  surety  of  our  person,  only  em- 
ploy yourselves,  and  forthwith,  upon  receipt  hereof,  cause 
our  right  and  title  to  the  crown  and  government  of  this 
realm  to  be  proclaimed  in  our  city  of  London  and  other 
places,  as  to  your  wisdom  shall  seem  good,  and  as  to  this 
case  appertaineth ;  not  failing  hereof  as  our  very  trust  is  in 
you.  And  this  our  letter,  signed  with  our  hand,  shall  be 
your  sufficient  warrant  in  this  behalf. 

Given  under  our  signet,  at  our  Manor  of  Kenning-hall, 
the  ninth  of  July,  1553. 

(Acts  and  Monuments,  of  John  Foxe,  ed.  cit.,  VI,  385.) 

i28a.    Answer  of  the  Lords  of  the  Council  unto  the  Lady  Mary's 

Letter 

Madam,  we  have  received  your  letters,  the  ninth  of  this  in- 
stant, declaring  your  supposed  title,  which  you  judge  your- 
self to  have,  to  the  imperial  crown  of  this  realm,  and  all  the 
dominions  thereunto  belonging.  For  answer  whereof,  this 
is  to  advertise  you,  that  forasmuch  as  our  sovereign  lady 


288  SOURCE-BOOK  OF  ENGLISH  HISTORY 

queen  Jane  is,  after  the  death  of  our  sovereign  lord  Edward 
the  Sixth,  a  prince  of  most  noble  memory,  invested  and  pos- 
sessed with  the  just  and  right  title  in  the  imperial  crown  of 
this  realm,  not  only  by  good  order  of  old  ancient  laws  of  this 
realm,  but  also  by  our  late  sovereign  lord's  letters  patent, 
signed  with  his  own  hand,  and  sealed  with  the  great  seal  of 
England  in  presence  of  the  most  part  of  the  nobles,  coun- 
cillors, judges,  with  divers  other  grave  and  sage  personages, 
assenting  and  subscribing  to  the  same :  we  must,  therefore, 
as  of  most  bounden  duty  and  allegiance,  assent  unto  her  said 
grace,  and  to  none  other,  except  we  should  (which  faithful 
subjects  cannot)  fall  into  grievous  and  unspeakable  enormi- 
ties. Wherefore  we  can  no  less  do,  but,  for  the  quiet  both 
of  the  realm  and  you  also,  to  advertise  you,  that  forasmuch 
as  the  divorce  made  between  the  king  of  famous  memory, 
king  Henry  the  Eighth,  and  the  lady  Katherine  your  mother, 
was  necessary  to  be  had  both  by  the  everlasting  laws  of  God, 
and  also  by  the  ecclesiastical  laws,  and  by  the  most  part  of 
the  noble  and  learned  universities  of  Christendom,  and  con- 
firmed also  by  the  sundry  acts  of  parliaments  remaining  yet 
in  their  force,  and  thereby  you  justly  made  illegitimate  and 
unheritable  to  the  crown  imperial  of  this  realm,  and  the 
rules,  and  dominions,  and  possessions  of  the  same,  you  will, 
upon  just  consideration  hereof,  and  of  divers  other  causes 
lawful  to  be  alleged  for  the  same,  and  for  the  just  inheritance 
of  the  right  line  and  godly  order  taken  by  the  late  king  our 
sovereign  lord  king  Edward  the  Sixth,  and  agreed  upon  by 
the  nobles  and  greatest  personages  aforesaid,  surcease  by 
any  pretence  to  vex  and  molest  any  of  our  sovereign  lady 
queen  Jane's  subjects  from  their  true  faith  and  allegiance  due 
unto  her  grace:  assuring  you,  that  if  you  will  for  respect 
show  yourself  quiet  and  obedient  (as  you  ought),  you  shall 
find  us  all  and  several  ready  to  do  you  any  service  that  we 
with  duty  may,  and  be  glad,  with  your  quietness,  to  preserve 
the  common  state  of  this  realm,  wherein  you  may  be  otherwise 
grievous  unto  us,  to  yourself,  and  to  them.  And  thus  we  bid 
you  most  heartily  well  to  fare.  From  the  Tower  of  London, 
in  this  ninth  of  July,  1553. 

Your  Ladyship's  friends,  showing  yourself  an  obedient 
subject. 

Thomas  Canterbury.  Shrewsbury.  John  Gates. 

The  Marquis  of  Winchester.  Pembroke.      W.  Peter. 


REACTION  AGAINST  PROTESTANTISM          289 

John  Bedford.  Cobham.  W.  Cecil. 

William  Northampton.  R.  Riche.  John  Cheke. 

Thomas  Ely,  chancellor.  Huntingdon.  John  Mason. 

Northumberland.  Darcy.  Edward  North. 

Henry  Suffolk.  Cheney.  R.  Bowes. 

Henry  Arundel.  R.  Cotton. 

(Acts  and  Monuments,  Foxe,  ed.  cit.,  VI,  386.) 

129.   Mary's  Status  as  Queen 

(i  MARY,  s.  3,  1553) 

Statutes  at  Large  of  England 

The  question  of  the  status  of  a  queen  regnant  had  never  been 
legally  fixed.  Custom  had  given  to  the  queen  consort  many 
rights,  privileges,  and  powers,  but  it  had  not  found  occasion  to 
fix  the  amount  of  power  vested  in  that  unknown  quantity  in 
England,  a  reigning  queen.  The  question  was  raised  as  to 
whether  a  woman  could  rule  England.  The  Salic  Law  appeared 
to  forbid,  and  favourable  precedent  was  lacking.  It  was  there- 
fore necessary  to  define  and  confirm  the  status  of  the  queen  by 
an  Act  of  Parliament. 

AN  ACT  DECLARING  THAT  THE  REGAL  POWER  OF  THIS  REALM  IS 
IN  THE  QUEEN'S  MAJESTY,  AS  FULLY  AND  ABSOLUTELY  AS 
EVER  IT  WAS  IN  ANY  OF  HER  MOST  NOBLE  PROGENITORS, 
KINGS  OF  THIS  REALM. 

FORASMUCH  as  the  imperial  crown  of  this  realm,  with  all 
dignities,  honours,  prerogatives,  authorities,  jurisdictions 
and  preeminences  thereunto  annexed,  united  and  belong- 
ing, by  the  divine  providence  of  Almighty  God,  is  most 
lawfully,  justly  and  rightfully  descended  and  come  unto  the 
Queen's  Highness  that  now  is,  being  the  very,  true  and  un- 
doubted heir  and  inheritrix  thereof,  and  invested  in  her 
most  royal  person,  according  unto  the  laws  of  this  realm : 
And  by  force  and  virtue  of  the  same,  all  regal  power, 
dignity,  honour,  authority,  prerogative,  preeminence  and 
jurisdictions  doth  appertain,  and  of  right  ought  to  apper- 
tain and  belong  unto  her  Highness,  as  unto  the  sovereign 
supreme  governor  and  queen  of  this  realm,  and  of  the  do- 
minions thereof,  is  as  full,  large  and  ample  manner,  as  it 
hath  done  heretofore  to  any  other  her  most  noble  progeni- 
tors, kings  of  this  realm :  Nevertheless,  the  most  ancient 
statutes  of  this  realm,  being  made  by  kings  then  reigning, 
do  not  only  attribute  and  refer  all  prerogative,  preeminence, 
power  and  jurisdiction  royal  unto  the  name  of  king,  but 
also  do  give,  assign  and  appoint  the  correction  and  punish- 


290  SOURCE-BOOK  OF  ENGLISH  HISTORY 

merit  of  all  offenders  against  the  regality  and  dignity  of 
the  crown,  and  the  laws  of  this  realm,  unto  the  king:  By 
occasion  whereof,  the  malicious  and  ignorant  persons  may 
be  hereafter  induced  and  persuaded  unto  this  error  and 
folly,  to  think  that  her  Highness  could  nor  should  have,  en- 
joy and  use  such  like  royal  authority,  power,  preeminence, 
prerogative  and  jurisdiction,  nor  do  nor  execute  and  use  all 
things  concerning  the  said  statutes,  and  take  the  benefit 
and  privilege  of  the  same,  nor  correct  and  punish  offenders 
against  her  most  royal  person  and  the  regality  and  dignity 
of  the  crown  of  this  realm  and  the  dominions  thereof,  as 
the  kings  of  this  realm,  her  most  noble  progenitors,  have 
heretofore  done,  enjoyed,  used  and  exercised. 

II.  For  the  avoiding  and  clear  extinguishment  of  which 
said  error  or  doubt,  and  for  a  plain  declaration  of  the  laws 
of  this  realm  in  that  behalf. 

III.  Be  it  declared  and  enacted  by  the  authority  of  this 
present  Parliament,  That  the  law  of  this  realm  is,  and  ever 
hath  been,  and  ought  to  be  understood,  that  the  kingly  or 
regal    office    of   his    realm,    and    all    dignities,    prerogatives 
royal,     power,     preeminences,     privileges,     authorities     and 
jurisdictions  thereunto  annexed,  united  or  belonging,  being 
invested  either  in  male  or  female,  are  and  be,  and  ought  to 
be,  as  fully,  wholly,  absolutely  and  entirely  deemed,  judged, 
accepted,  invested  and  taken  in  the  one  as  in  the  other;  so 
that  what  or  whensoever  statute  or  law  doth  limit  and  ap- 
point that  the  king  of  this  realm  may  or  shall  have,  execute 
and  do  any  thing  as  king,  or  doth  give  any  profit  or  com- 
modity to  the  king,  or  doth  limit  or  appoint  any  pains  or 
punishment   for  the   corrections   of  offenders   or  transgres- 
sors against  the  regality  and  dignity  of  the  king  or  of  the 
crown;    the    same,    the    Queen    (being    supreme    governess, 
possessor    and    inheritrix    to    the    imperial    crown    of    this 
realm,   as   our   said   sovereign   lady   the   Queen   most   justly 
presently  is)  may  by  the  same  authority  and  power  likewise 
have,  exercise,  execute,  punish,  correct  and  do,  to  all  intents, 
constructions     and     purposes,     without     doubt,     ambiguity, 
scruple   or    question ;    any    custom,    use    or    scruple,    or    any 
other  thing  whatsoever  to  be  made  to  the  contrary  notwith- 
standing. 

(Ed.  from  Statutes  at  Large,  ed.  cit.,  IV,  17.) 


REACTION  AGAINST  PROTESTANTISM          20* 

130.  Mary  Attempts  to  restore  Church  Lands 

(1554) 

bomers    I  r acts 

The  fidelity  of  Queen  Mary  to  the  Catholic  Church  was  dis- 
played in  many  ways.  Her  attitude  toward  heretics  has  been 
shown,  and  the  following  Act  indicates  another  phase  in  her 
desire  to  restore  to  the  Church  the  lands  taken  from  it  during 
the  previous  reigns.  The  attempt  was  only  partially  successful, 
as  vested  private  interests  were  too  strong  to  be  abrogated, 
especially  as  their  possessors  formed  the  legislature  through 
which  Mary  sought  to  effect  the  restitution. 

A  SPEECH  OF  QUEEN  MARY'S  TO  HER  COUNCIL,  UPON  HER  RE- 
SOLUTION OF  RESTORING  CHURCH  LANDS.  ANNO  REG. 
MAR.  4. 

We  have  willed  you  to  be  called  to  us,  to  the  intent  you 
might  hear  of  me,  my  conscience,  and  the  resolution  of  my 
mind,  concerning  the  lands  and  possessions,  as  well  of  mon- 
asteries, as  other  churches  whatsoever,  being  now  in  my  pos- 
session. 

First,  I  do  consider,  that  the  said  lands  were  taken  away 
from  the  churches  aforesaid  in  time  of  schism ;  and  that  by 
unlawful  means,  such  as  are  contrary  both  to  the  law  of  God, 
and  of  the  church :  for  which  cause  my  conscience  doth  not 
suffer  me  to  detain  them.  And  therefore  I  here  expressly 
refuse,  either  to  claim,  or  retain  those  lands  for  mine:  but 
with  all  my  heart,  freely  and  willingly,  without  all  paction 
or  condition,  here,  and  before  God,  I  do  surrender  and  relin- 
quish the  said  lands  and  possessions,  or  inheritances  what- 
soever; and  renounce  the  same  with  this  mind  and  purpose, 
that  order  and  disposition  thereof  may  be  taken,  as  shall 
seem  best  liking  to  the  Pope,  or  his  legate,  to  the  honour  of 
God,  and  the  wealth  of  this  our  realm.  And  albeit  you  may 
object  to  me  again,  That  the  state  of  my  kingdom,  the  dignity 
thereof,  and  my  crown  imperial,  cannot  be  honourably  main- 
tained and  furnished  without  the  possessions  aforesaid :  yet 
notwithstanding  (and  so  she  had  affirmed  before,  when  she 
was  bent  upon  the  restitution  of  the  tenths  and  first  fruits), 
I  set  more  by  the  salvation  of  my  soul,  than  by  ten  such  king- 
doms:  and  therefore  the  said  possessions  I  utterly  refuse 
here  to  hold,  after  that  sort  and  title :  and  I  give  most  hearty 
thanks  to  God,  who  hath  given  me  a  husband  of  the  same 
mind,  who  hath  no  less  good  affection  in  his  behalf,  than  I 
myself.  Wherefore  I  charge  and  command  that  my  chan- 
cellor, (with  whom  I  have  conferred  my  mind  in  this  mat- 


2Q2  SOURCE-BOOK  OF  ENGLISH  HISTORY 

tcr,)  and  you  four,  to  resort  to-morrow  together,  to  the 
legate,  signifying  to  him  the  premises  in  my  name.  And  give 
your  attendance  upon  me,  for  the  more  full  declaration  of 
the  state  of  my  kingdom,  and  of  the  aforesaid  possessions, 
according  as  you  yourselves  do  understand  the  matter,  and 
can  inform  him  in  the  same. 

(Collection  of  Tracts,  Somers',  ed.  by  Walter  Scott,  Lond.,  1809.   I,  56.) 

131.   Mary's  Orders  for  the  Execution  of  John  Hooper 

(1555) 

Historical  Documents,  Goldsmid 

Mary's  extreme  anxiety  for  the  stamping  out  of  heresy  may  be 
seen  in  her  instructions  as  to  the  execution  of  Hooper.  He  was 
not  to  be  allowed  to  speak  lest  he  should  further  spread  his 
pernicious  doctrines.  The  original  manuscript  is  subscribed  "A 
True  Copy  of  an  Old  Paper  in  my  Custody,  which  seems  to  be 
the  first  Draught  of  a  Letter  from  the  Queen  to  the  lord  Chan- 
dois,  etc.,  who  went  to  see  Execution  done  on  Bishop  Hooper." 

Right  Trusty  and  Well-beloved,  etc.  Whereas  John 
Hooper,  who  of  late  was  called  Bushop  of  Worcester  and 
Gloucester,  is,  by  due  order  of  the  laws  Ecclesiastique,con- 
dempned  and  judged  for  a  moste  obstinate,  false,  detestable 
Heretique,  and  committed  to  our  Secular  Power,  to  be  burned 
according  to  the  holsome  and  good  Lawes  of  our  Realme  in 
that  Case  provided.  Forasmuche  as  in  those  Cityes,  and  the 
Diocesse  thereof,  he  hath  in  Tymes  paste  preached  and  taught 
most  pestilent  Heresyes  and  Doctryne  to  our  Subjects  there: 
We  have  therefore  geven  Order,  that  the  said  Hooper,  who 
yet  persisteth  obstinate,  and  hath  refused  Mercy  when  it  was 
gracyously  offred,  shall  be  put  to  Execution  in  the  sayd  Cytie 
of  Gloucester,  for  the  Example  and  Terror  of  suche  as  he 
hath  there  seduced  and  mistaught,  and  bycause  he  hath  doone 
moste  Harme  there.  And  woll  that  you,  calling  unto  you 
some  of  Reputation  dwelling  in  the  Shire,  such  as  ye  thinke 
best,  shall  repayre  unto  our  said  Cytye,  and  be  at  the  said 
Execution,  assisting  our  Mayor  and  Shriefs  of  the  same 
Cytie,  in  this  Behalf.  And  forasmuche  also  as  the  said 
Hooper  is,  as  Heretiques  be,  a  vain-glorious  Person,  and 
delyteth  in  his  Tongue,  and  having  Liberty,  may  use  his  sayd 
Tongue  to  perswade  such  as  he  hath  seduced,  to  persist  in 
the  myserable  Opinion  that  he  hath  sowen  among  them: 
Our  Pleasure  is  therefore,  and  we  require  you  to  take  Order, 
that  the  said  Hooper  be  neither,  at  the  Tyme  of  his  Execu- 
tion, nor  in  goyng  to  the  Place  thereof,  suffred  to  speak  at 
large;  but  thither  to  be  ledde  quietly,  and  in  Sylence,  for 


REACTION  AGAINST  PROTESTANTISM  293 

eschuyng  of  further  Infection,  and  such  Inconvenyence,  as 
may  otherwise  ensue  in  this  Parte.  Whereof  fayle  not,  as 
ye  tender  our  Pleasure . . . 

A  True  Copy  of  an  Old  Paper  in  my  Custody,  which 
seems  to  be  the  first  Draught  of  a  Letter  from  the  Queen  to 
the  Lord  Chandois,  etc.,  who  went  to  see  Execution  done  on 
Bishop  Hooper. 

THOM.  TANNER. 

(Collection  of  Historical  Documents  Illustrative  of  the  Reigns  of  the  Tudor 
and  Stuart  Sovereigns.     Ed.  by  E.  Goldsmid,  Edinburg,  1886.   II,  16.) 

132.    The  Burning  of  Ridley  and  Latimer 

Foxe 

The  History  of  the  Acts  and  Monuments  of  the  Church  has 
had,  under  the  name  of  the  Book  of  Martyrs,  a  wide  circulation 
among  Protestants.  The  writer,  JOHN  FOXE  (1517-1587)  was  a 
man  of  great  discernment  and  unquestioned  integrity,  and  his 
work  is  a  leading  source  for  the  Reformation  period.  The 
execution  of  bishops  Ridley  and  Latimer  has  been  selected  as 
typical  of  such  scenes.  In  a  later  page  is  given  (No.  141),  as 
contrast,  an  execution  of  a  Catholic  during  the  reign  of  Eliza- 
beth. 

THE   BEHAVIOUR  OF  DR.   RIDLEY  AND   MASTER  LATIMER,   AT  THE 
TIME  OF  THEIR  DEATH,  WHICH  WAS  THE  l6TH   OF  OCTOBER, 

1555- 

Upon  the  north-side  of  the  town,  in  the  ditch  over  against 
Balliol-college,  the  place  of  execution  was  appointed:  and 
for  fear  of  any  tumult  that  might  arise,  to  let  the  burning  of 
them,  the  lord  Williams  was  commanded,  by  the  queen's  let- 
ters, and  the  householders  of  the  city,  to  be  there  assistant, 
sufficiently  appointed.  And  when  every  thing  was  in  readi- 
ness, the  prisoners  were  brought  forth  by  the  mayor  and  the 
bailiffs. 

Master  Ridley  had  a  fair  black  gown  furred,  and  faced 
with  foins,  such  as  he  was  wont  to  wear  being  bishop,  and  a 
tippet  of  velvet  furred  likewise  about  his  neck,  a  velvet  night- 
cap upon  his  head,  and  a  corner  cap  upon  the  same,  going  in 
a  pair  of  slippers  to  the  stake,  and  going  between  the  mayor 
and  an  alderman,  etc. 

After  him  came  master  Latimer  in  a  poor  Bristol  frieze 
frock  all  worn,  with  his  buttoned  cap,  and  a  kerchief  on  his 
head,  all  ready  to  the  fire,  a  new  long  shroud  hanging  over 
his  hose,  down  to  the  feet:  which  at  the  first  sight  stirred 


294  SOURCE-BOOK  OF  ENGLISH  HISTORY. 

men's  hearts  to  rue  upon  them,  beholding  on  the  one  side, 
the  honour  they  sometime  had,  and  on  the  other,  the  calamity 
whereunto  they  were  fallen. 

Master  doctor  Ridley,  as  he  passed  toward  Bocardo,  looked 
up  where  master  Cranmer  did  lie,  hoping  belike  to  have  seen 
him  at  the  glass-window,  and  to  have  spoken  unto  him.  But 
then  master  Cranmer  was  busy  with  friar  Soto  and  his 
fellows,  disputing  together,  so  that  he  could  not  see  him, 
through  that  occasion.  Then  master  Ridley,  looking  back, 
espied  master  Latimer  coming  after,  unto  whom  he  said, 
"Oh,  be  ye  there  ?"  "Yea,"  said  Master  Latimer,  "have- 
after  as  fast  as  I  can  follow."  So  he,  following  a  pretty 
way  off,  at  length  they  came  both  to  the  stake,  the  one  after 
the  other,  where  first  Dr.  Ridley  entering  the  place,  marvel- 
lous earnestly  holding  up  both  his  hands,  looked  towards 
heaven.  Then  shortly  after  espying  master  Latimer,  with  a 
wonderous  cheerful  look  he  ran  to  thim,  embraced,  and  kissed 
him;  and,  as  they  that  stood  near  reported,  comforted  him, 
saying,  "  Be  of  good  heart,  brother,  for  God  will  either  as- 
suage the  fury  of  the  flame,  or  else  strengthen  us  to  abide  it." 

With  that  went  he  to  the  stake,  kneeled  down  by  it,  kissed 
it,  and  most  effectuously  prayed,  and  behind  him  master  Lati- 
mer kneeled,  as  earnestly  calling  upon  God  as  he.  After 
they  arose,  the  one  talked  with  the  other  a  little  while,  till 
they  which  were  appointed  to  see  the  execution,  removed 
themselves  out  of  the  sun.  What  they  said  I  can  learn  of 
no  man. .  . . 

Incontinently  they  were  commanded  to  make  them  ready, 
which  they  with  all  meekness  obeyed.  Master  Ridley  took 
his  gown  and  his  tippet,  and  gave  it  to  his  brother-in-law 
master  Shipside,  who  all  his  time  of  imprisonment,  although 
he  might  not  be  suffered  to  come  to  him,  lay  there  at  his  own 
charges  to  provide  him  necessaries,  which  from  time  to  time 
he  sent  him  by  the  Serjeant  that  kept  him.  Some  other  of 
his  apparel  that  was  little  worth,  he  gave  away;  other  the 
bailiffs  took. 

He  gave  away  besides,  divers  other  small  things  to  gentle- 
men standing  by,  and  divers  of  them  pitifully  weeping,  as  to 
sir  Henry  Lea  he  gave  a  new  groat ;  and  to  divers  of  my  lord 
William's  gentlemen  some  napkins,  some  nutmegs,  and  rases 
of  ginger;  his  dial,  and  such  other  things  as  he  had  about 
him,  to  every  one  that  stood  next  him.  Some  plucked  the 
points  off  his  hose.  Happy  was  he  that  might  get  any  rag 
of  him. 


REACTION  AGAINST  PROTESTANTISM          295 

Master  Latimer  gave  nothing,  but  very  quietly  suffered 
his  keeper  to  pull  off  his  hose,  and  his  other  array,  which  to 
look  unto  was  very  simple :  and  being  stripped  into  his 
shroud,  he  seemed  as  comely  a  person  to  them  that  were  there 
present,  as  one  should  lightly  see ;  and  whereas  in  his  clothes 
he  appeared  a  withered  and  crooked  silly  old  man,  he  now 
stood  bolt  upright,  as  comely  a  father  as  one  might  lightly 
behold. 

Then  master  Ridley,  standing  as  yet  in  his  truss,  said  to 
his  brother,  "It  were  best  for  me  to  go  in  my  truss  still." 
"No,"  quoth  his  brother,  "it  will  put  you  to  more  pain:  and 
the  truss  will  do  a  poor  man  good."  Whereunto  master  Ridley 
said,  "Be  it,  in  the  name  of  God;"  and  so  unlaced  himself. 
Then,  being  in  his  shirt,  he  stood  upon  the  foresaid  stone, 
and  held  up  his  hand  and  said,  "O  heavenly  Father,  I  give 
unto  thee  most  hearty  thanks,  for  that  thou  hast  called  me  to 
be  a  professor  of  thee,  even  unto  death.  I  beseech  thee,  Lord 
God,  take  mercy  upon  this  realm  of  England,  and  deliver  the 
same  from  all  her  enemies." 

Then  the  smith  took  a  chain  of  iron,  and  brought  the  same 
about  both  Dr.  Ridley's,  and  master  Latimer's  middles:  and, 
as  he  was  knocking  in  a  staple,  Dr.  Ridley  took  the  chain 
in  his  hand,  and  shaked  the  same,  for  it  did  gird  in  his  belly, 
and  looking  aside  to  the  smith  said,  "Good  fellow,  knock  it  in 
hard,  for  the  flesh  will  have  his  course."  Then  his  brother 
did  bring  him  gunpowder  in  a  bag,  and  would  have  tied  the 
same  about  his  neck.  Master  Ridley  asked,  what  it  was. 
His  brother  said,  "Gunpowder."  "Then,"  said  he,  "I  take  it 
to  be  sent  of  God ;  therefore  I  will  receive  it  as  sent  of  him. 
And  have  you  any,"  said  he,  "for  my  brother;"  meaning 
master  Latimer.  '"Yea  sir,  that  I  have,"  quoth  his  brother. 
"Then  give  it  unto  him,"  said  he,  "betime;  lest  ye  come  too 
late."  So  his  brother  went,  and  carried  of  the  same  gun- 
powder unto  master  Latimer. 

In  the  mean  time  Dr.  Ridley  spake  unto  my  lord  Williams, 
and  said,  "My  lord,  I  must  be  a  suitor  unto  your  lordship  in 
the  behalf  of  divers  poor  men,  and  especially  in  the  cause  of 
my  poor  sister :  I  have  made  a  supplication  to  the  queen's 
majesty  in  their  behalfs.  I  beseech  your  lordship  for  Christ's 
sake,  to  be  a  mean  to  her  grace  for  them.  My  brother  here 
hath  the  supplication,  and  will  resort  to  your  lordship  to 
certify  you  thereof.  There  is  nothing  in  all  the  world  that 
troubleth  my  conscience,  I  praise  God,  this  only  excepted. 
Whilst  I  was  in  the  see  of  London,  divers  poor  men  took 


296  SOURCE-BOOK  OF  ENGLISH  HISTORY 

leases  of  me,  and  agreed  with  me  for  the  same.  Now  I  hear 
say  the  bishop  that  now  occupieth  the  same  room,  will  not 
allow  my  grants  unto  them  made,  but,  contrary  unto  all  law 
and  conscience,  hath  taken  from  them  their  livings,  and  will 
not  suffer  them  to  enjoy  the  same.  I  beseech  you,  my  lord, 
be  a  mean  for  them:  you  shall  do  a  good  deed,  and  God  will 
reward  you." 

Then  they  brought  a  faggot,  kindled  with  fire,  and  laid  the 
same  down  at  Dr.  Ridley's  feet.  To  whom  master  Latimer 
spake  in  this  manner:  "Be  of  good  comfort,  master  Ridley, 
and  play  the  man.  We  shall  this  day  light  such  a  candle,  by 
God's  grace,  in  England,  as  I  trust  shall  never  be  put  out." 

And  so  the  fire  being  given  unto  them,  when  Dr.  Ridley 
saw  the  fire  flame  up  towards  him,  he  cried  with  a  wonderful 
loud  voice,  "In  mantis  tuas,  Domine,  commcndo  spiritual 
meum:  Domine  recipe  spiritum  meum."  And  after,  repeated 
this  latter  part  often  in  English,  "Lord,  Lord,  receive  my 
spirit;"  master  Latimer  crying  as  vehemently  on  the  other 
side,  "O  Father  of  heaven,  receive  n\y  soul !"  who  received 
the  flame  as  it  were  embracing  of  it.  After  that  he  had 
stroked  his  face  with  his  hands,  and  as  it  were  bathed  them  a 
little  in  the  fire,  he  soon  died  (as  it  appeareth)  with  very 
little  pain  or  none.  And  thus  much  concerning  the  end  of 
this  old  and  blessed  servant  of  God,  master  Latimer,  for 
whose  laborious  travails,  fruitful  life,  and  constant  death, 
the  whole  realm  hath  cause  to  give  great  thanks  to  Almighty 
God. 

But  master  Ridley,  by  reason  of  the  evil  making  of  the  fire 
unto  him,  because  the  wooden  faggots  were  laid  about  the 
gorse,  and  overhigh  built,  the  fire  burned  first  beneath,  being 
kept  down  by  the  wood ;  which  when  he  felt,  he  desired  them 
for  Christ's  sake  to  let  the  fire  come  unto  him.  Which  when 
his  brother-in-law  heard,  but  not  well  understood,  intending 
to  rid  him  out  of  his  pain  (for  the  which  cause  he  gave  at- 
tendance), as  one  of  such  sorrow  not  well  advised  what  he 
did,  heaped  faggots  upon  him,  so  that  he  clean  covered  him, 
which  made  the  fire  more  vehement  beneath,  that  it  burned 
clean  all  his  nether  parts,  before  it  once  touched  the  upper; 
and  that  made  him  leap  up  and  down  under  the  faggots,  and 
often  desire  them  to  let  the  fire  come  unto  him,  saying,  "I 
cannot  burn."  Which  indeed  appeared  well ;  for,  after  his 
legs  were  consumed  by  reason  of  his  struggling  through  the 
pain  (whereof  he  had  no  release,  but  only  his  contentation  in 
God),  he  showed  that  side  toward  us  clean,  shirt  and  all  un- 


REACTION  AGAINST  PROTESTANTISM          297 

touched  with  flame.  Yet  in  all  this  torment  he  forgot  not 
to  call  unto  God  still,  having  in  his  mouth,  "Lord  have  mercy 
upon  me,"  intermingling  his  cry,  "Let  the  fire  come  unto  me, 
I  cannot  burn."  In  which  pangs  he  laboured  till  one  of  the 
standers  by  with  his  bill  pulled  off  the  faggots  above,  and 
where  he  saw  the  fire  flame  up,  he  wrested  himself  unto  that 
side.  And  when  the  flame  touched  the  gunpowder,  he  was 
seen  to  stir  no  more,  but  burned  on  the  other  side,  falling 
down  at  master  Latimer's  feet ;  which,  some  said,  happened 
by  reason  that  the  chain  loosed ;  others  said,  that  he  fell  over 
the  chain  by  reason  of  the  poise  of  his  body,  and  the  weak- 
ness of  the  nether  limbs. 

(Acts  and  Monuments,  Foxe,  ed.  cit.,  VII,  547.) 


CHAPTER    XVIII 

ELIZABETH 


133.   Classes  of  the  People  in  the  XVIth  Century 

Smith 

Sir  THOMAS  SMITH  (1512-1577),  in  his  capacity  of  Secretary 
of  State  under  Elizabeth,  enjoyed  peculiar  opportunities  of  ob- 
-crvation,  which  his  wide  learning  and  philosophical  inclination 
enabled  him  to  use  to  great  result.  His  description  of  the 
classes  of  the  people  is  accurate  and  comprehensive.  It  is  taken 
from  the  best  known  of  his  works,  the  posthumous  volume  en- 
titled De  Rcpublica  Anglorum  —  a  work  which  passed  through 
many  editions  and  is  one  of  the  classics  of  English  Constitutional 
History. 

Of  the  first  part  of  Gentlemen  of  England,  called  nobilitas 
major. 

...  In  England  no  man  is  created  a  baron,  except  he  may 
dispend  of  yearly  revenue  one  thousand  pounds,  or  one  thou- 
sand marks  at  the  least . . . 

Of  the  second  sort  of  Gentlemen,  which  may  be  called  nobi- 
litas minor,  and  first  of  knights. 

No  man  is  a  knight  by  succession,  not  the  king  or 
prince  . . . :  knights  therefore  be  not  born  but  made  ...  In 
England  whosoever  may  dispend  of  his  free  lands  forty 
pounds  sterling  of  yearly  revenue  .  .  .  may  be  by  the  king 
compelled  to  take  that  order  and  honour,  or  to  pay  a  fine  . . . 

Of  Esquires. 

Esquires  (which  we  commonly  call  squires)  be  all  those 
which  bear  arms  (as  we  call  them)  or  armories  .  .  .  these  be 
taken  for  no  distinct  order  of  the  commonwealth,  but  do  go 
with  the  residue  of  the  gentlemen  . . . 

298 


ELIZABETH  299 

Of  Gentlemen. 

Gentlemen  be  those  whom  their  blood  and  race  doth  make 
noble  and  known  .  .  .  Ordinarily  the  king  doth  only  make 
knights  and  create  barons  or  higher  degrees,  for  as  for 
gentlemen  they  be  made  good  cheap  in  England.  For  who- 
soever studieth  the  laws  of  the  realm,  who  studieth  in  the 
Universities,  who  professeth  liberal  sciences,  and  to  be  short, 
who  can  live  idly  and  without  manual  labour,  and  will  bear 
the  port,  charge  and  countenance  of  a  gentleman,  he  shall 
be  called  master, . . .  and  be  taken  for  a  gentleman  . . . 

Of  Yeomen. 

Those  whom  we  call  yeomen,  next  unto  the  nobility, 
knights  and  squires,  have  the  greatest  charge  and  doings  in 
the  commonwealth  ...  I  call  him  a  yeoman  whom  our  laws  do 
call  le golem  hominem  . . .  which  is  a  freeman  born  English, 
and  may  dispend  of  his  own  free  land  in  yearly  revenue  to 
the  sum  of  40^.  sterling  . .  .  This  sort  of  people  confess  them- 
selves to  be  no  gentlemen  . . .  and  yet  they  have  a  certain 
preeminence  and  more  estimation  than  labourers  and  arti- 
ficers, and  commonly  live  wealthily  .  .  .  These  be  (for  the 
most  part)  farmers  unto  gentlemen, . . .  and  by  these  means 
do  come  to  such  wealth,  that  they  are  able  and  daily  do  buy 
the  lands  of  unthrifty  gentlemen,  and  after  setting  their  sons 
to  the  school  at  the  Universities,  to  the  laws  of  the  realm,  or 
otherwise  leaving  them  sufficient  lands  whereon  they  may 
live  without  labour,  do  make  their  said  sons  by  those  means 
gentlemen  . . . 

Of  the  fourth  sort  of  men  which  do  not  rule. 

The  fourth  sort  or  class  amongst  us,  is  of  those  which  the 
old  Romans  called  capite  censi . . .  day  labourers,  poor  hus- 
bandmen, yea  merchants  or  retailers  which  have  no  free 
land,  copyholders  and  all  artificers  . . .  These  have  no  voice 
nor  authority  in  our  commonwealth,  and  no  account  is  made 
of  them,  but  only  to  be  ruled. 

(Manner  of  Government  or  Policies  of  the  Realtne  of  England,  ed.  1589. 
Bk.  I,  c.  17-24.) 

Of  Bondage  and  Bondmen. 

After  that  we  have  spoken  of  all  the  sorts  of  freemen, 
according  to  the  diversity  of  their  estates  and  persons,  it 


300  SOURCE-BOOK  OF  ENGLISH  HISTORY 

resteth  to  say  somewhat  of  bondmen  . . .  The  Romans  had 
two  kinds  of  bondmen,  the  one  which  were  called  scrvi .  .  . 
all  those  kind  of  bondmen  be  called  in  our  law  villains  in 
gross  . . .  Another  they  had  . .  .  which  they  called  adscriptitii 
glcbcc  .  . .  and  in  our  law  are  called  villains  regardant ...  Of 
the  first  I  never  knew  any  in  the  realm  in  my  time ;  of  the 
second,  so  few  there  be,  that  it  is  not  almost  worth  the  speak- 
ing, but  our  law  doth  acknowledge  them  in  both  those  sorts. 

(The  Commonwealth  of  England,  ed.  1589,  Bk.  Ill,  c.  10.) 


The  four  great  religious  parties  of  the  age  of  Elizabeth  were 
the  Anglican,  the  Catholic,  the  Presbyterian,  and  the  Puritan. 
The  attitude  of  the  Catholic  Church  needs  no  illustration.  The 
positions  of  the  other  sects  are  well  illustrated  by  the  excerpts 
which  follow.  For  exposition  of  the  Anglican  stand  we  have 
selected  extracts  from  the  Laws  of  Ecclesiastical  Polity,  by 
RICHARD  HOOKER  (1553-1600).  No  man  stands  as  prominently 
as  the  exponent  of  the  doctrines  of  the  Church  of  England  as 
does  this  divine.  RICHARD  BANCROFT  (1544-1610),  Archbishop  of 
Canterbury,  was  the  bitter  and  uncompromising  opponent  of  the 
Puritans,  a  staunch  and  even  violent  supporter  of  the  royal 
power  and  episcopal  system;  but  his  sympathies  and  teachings 
were  those  which  led  to  Presbyterianism  in  its  modern  form. 
The  Convocation  of  1563  tersely  and  yet  comprehensively  for- 
mulated the  Puritan  demands ;  and  the  articles  drawn  up  in 
1583  by  JOHN  WHITGIFT  (1530  or  1533-1604),  Archbishop  of 
Canterbury,  mark  the  latest  stage  of  ecclesiastical  development 
in  the  Elizabethan  period. 

134.   The  Anglican  Standpoint 

Hooker 

(a)  The  plain  intent  of  the  Book  of  Ecclesiastical   Dis- 
cipline is  to  shew  that  men  may  not  devise  laws  of  church 
government,  but  are  bound  for  ever  to  use  and  to  execute 
only  those  which  God  himself  hath  already  devised  and  de- 
livered in  the  scripture.     The  self-same  drift  the  Admoni- 
tioners  also  had,  in  urging  that  nothing  ought  to  be  done  in 
the  Church  according  unto  any  law  of  man's  devising,  but  all 
according  to  that  which  God  in  his  word  hath  commanded  . . . 
Demand  of  them,   wherefore   they   conform   not   themselves 
unto  the  order  of  our  Church,  and  in  every  particular  their 
answer  for  the  most  part  is,  'We  find  no  such  thing  com- 
manded in  the  world.' 

(b)  Touching  points  of  doctrine,  as  for  example  the  Unity 
of  God, . . .  they  have  been  since  the  first  hour  that  there  was 
a  Church  in  the  world,  and  till  the  last  they  must  be  believed. 


ELIZABETH  301 

But  as  for  matters  of  regiment,  they  are  for  the  most  part  of 
another  nature.  To  make  new  articles  of  faith  and  doctrine 
no  man  thinketh  it  lawful ;  new  laws  of  government  what 
commonwealth  or  church  is  there  which  maketh  not  either 
at  one  time  or  another  ?  . . .  There  is  no  reason  in  the  world 
wherefore  we  should  esteem  it  as  necessary  always  to  do,  as 
always  to  believe  the  same  things ;  seeing  every  man  knoweth 
that  the  matter  of  faith  is  constant,  the  matter  contrariwise 
of  action  daily  changeable,  especially  the  matter  of  action 
belonging  unto  church  polity. 

(c)  Let  not  any  man  imagine,  that  the  bare  and  naked 
difference  of  a  few  ceremonies  could  either  have  kindled  so 
much  fire,  or  have  caused  it  to  flame  so  long;  but  that  the 
parties  which  herein  laboured  mightily  for  change  and  (as 
they  say)  for  reformation,  had  somewhat  more  than  this 
mark  only  whereat  to  aim.  Having  therefore  drawn  out  a 
complete  form,  as  they  supposed,  of  public  service  to  be  done 
to  God,  and  set  down  their  plot  for  the  office  of  the  ministry 
in  that  behalf,  they  very  well  knew  how  little  their  labours  so 
far  forth  bestowed  would  avail  them  in  the  end,  without  a 
claim  of  jurisdiction  to  uphold  the  fabric  which  they  had 
erected;  and  this  neither  likely  to  be  obtained  but  by  the 
strong  hand  of  the  people,  nor  the  people  unlikely  to  favour 
it;  the  more  if  overture  were  made  of  their  own  interest, 
right  and  title  thereunto. 

(rf)  This  we  boldly  set  down  as  a  most  infallible  truth, 
that  the  Church  of  Christ  is  at  this  day  lawfully,  and  so  hath 
been  since  the  first  beginning,  governed  by  bishops,  having 
permanent  superiority  and  ruling  power  over  other  ministers 
of  the  word  and  sacraments . . .  Let  us  not  fear  to  be  herein 
bold  and  peremptory,  that,  if  anything  in  the  Church's 
government,  surely  the  first  institution  of  bishops  was  from 
heaven,  was  even  of  God:  the  Holy  Ghost  was  the  author 
of  it. 

(e)  The  drift  of  all  that  hath,  been  alleged  to  prove  per- 
petual separation  and  independency  between  the  Church  and 
the  Commonwealth  is,  that  this  being  held  necessary,  it 
might  consequently  be  thought,  that  in  a  Christian  kingdom, 
he  whose  power  is  greatest  over  the  Commonwealth  may  not 
lawfully  have  supremacy  of  power  also  over  the  Church  . . . 
Whereupon  it  is  grown  a  question  whether  power  ecclesias- 
tical over  the  Church,  power  of  dominion  in  such  degree  as 
the  laws  of  this  land  do  grant  unto  the  sovereign  governor 
thereof,  may  by  the  said  supreme  Head  and  Governor  law- 


302  SOURCE-BOOK  OF  ENGLISH  HISTORY 

fully  be  enjoyed  and  held?  . . .  Unto  which  supreme  power  in 
kings  two  kinds  of  adversaries  there  are  that  have  opposed 
themselves;  one  sort  defending  'that  supreme  power  in 
causes  ecclesiastical  throughout  the  world  appertained!  of 
divine  right  to  the  bishop  of  Rome/  another  sort  'that  the 
said  power  belonged!  in  every  national  Church  unto  the 
clergy  thereof  assembled.'  We  defend  as  well  against  the 
one  as  the  other,  'that  king's  within  their  own  precincts  may 
have  it.' 

(Laws  of  Ecclesiastical  Polity,  R.  Hooker,  ed.  Keble,Lond.,  1834.) 

135.   The  Presbyterian  Position 

Bancroft 

For  the  first  ten  or  eleven  years  of  her  Majesty's  reign, 
through  the  .  . .  outcries  and  exclamations  of  those  that  came 
home  from  Geneva,  against  the  garments  prescribed  to 
ministers  and  other  such  like  matters,  no  man  of  any  ex- 
perience is  ignorant  what  great  contention  and  strife  was 
raised . . . 

About  the  twelfth  year  of  her  Highness'  government,  these 
malcontents  .  .  .  began  to  stir  up  new  quarrels,  concerning  the 
Geneva  discipline  .  . .  Hereupon  (the  14  of  her  Majesty)  two 
Admonitions  were  framed,  and  exhibited  to  the  High  Court 
of  Parliament.  The  first  contained  their  pretended  griefs, 
with  a  declaration,  forsooth,  of  the  only  way  to  reform  them, 
viz.  by  admitting  of  that  platform  which  was  there  described. 
This  Admonition  finding  small  entertainment,  (the  authors 
or  chief  preferrers  thereof  being  imprisoned),  out  cometh 
the  Second  Admonition,  towards  the  end  of  the  same  par- 
liament ...  In  this  Second  Admonition,  the  first  is  wholly 
justified, . .  .  and  in  plain  terms  it  is  there  affirmed  that,  if 
they  of  that  assembly  would  not  then  follow  the  advice  of 
the  First  Admonition,  they  would  surely  themselves  be  their 
own  carvers  .  . .  Whereupon,  presently  after  the  said  parlia- 
ment (viz.  the  2Oth  of  November,  1572),  there  was  a  pres- 
bytery erected  at  Wandsworth  in  Surrey. 

. . .  Hitherto  it  should  seem  that  in  all  their  former  pro- 
ceedings they  had  relied  chiefly  upon  the  First  Admonition 
and  Cartwright's  book  . . .  But  now,  at  the  length  (about  the 
year  1583),  the  form  of  discipline,  which  is  lately  come  to 
light,  was  compiled:  and  thereupon  an  assembly  or  council 
being  held  (as  I  think  at  London,  or  at  Cambridge),  certain 
decrees  were  made  concerning  the  establishing  and  the  prac- 
tice thereof . . 


ELIZABETH  303 

. . .  About  which  time  also  [viz.  1587]  . . .  the  further  prac- 
tice of  the  discipline ...  began  to  spread  itself  more  freely; 
. . .  but  especially  ...  it  was  most  friendly  entertained  among 
the  ministers  of  Northamptonshire,  as  it  appeareth  in  record 
by  some  of  their  own  depositions,  1 6th  of  May,  1590,  in  these 
words  following.  About  two  years  and  a  half  since,  the 
whole  shire  was  divided  into  three  Classes.  I.  The  Classis 
of  Northamptonshire  ...  II.  The  Classis  of  Daventry  side  . . . 
III.  The  Classis  of  Kettering  side ..  .This  device  (saith 
Master  Johnson)  is  commonly  received  in  most  parts  of  Eng- 
land, . . .  but  especially  in  Warwickshire,  Suffolk,  Norfolk. 
Essex,  etc. 

The  next  year  after,  viz.  1588,  the  said  Warwickshire 
classes,  etc.  assembling  themselves  together  in  council  (as  it 
seemeth,  at  Coventry), ...  there  was  . . .  a  great  approbation 
obtained  of  the  aforesaid  Book  of  Discipline  . . .  This  book, 
having  thus  at  the  last  received  this  great  allowance  more 
authentically,  was  carried  far  and  near,  for  a  general  ratifi- 
cation of  all  the  brethren  . . . 

. . .  Mutual  conference  is  to  be  practised  in  the  Church 
by  common  assemblies  . . .  Such  as  are  to  meet  in  the  assem- 
blies, let  them  be  chosen  by  the  suffrages  of  those  churches 
or  assemblies  that  have  interest  or  to  do  in  it,  and  out  of 
these  let  such  only  be  chosen  as  have  exercised  the  public 
office  in  that  church  either  of  a  minister  or  of  an  elder . .  . 

It  shall  be  lawful  for  other  elders  and  ministers,  yea,  and 
for  deacons  and  students  in  divinity,  by  the  appointment  of 
the  assembly  ...  to  be  both  present,  and  to  be  asked  their 
judgments  . . .  Yet  let  none  be  counted  to  have  a  voice,  but 
those  only  that  were  chosen  by  the  Church  . . . 

It  is  expedient  that  in  every  ecclesiastical  assembly  there 
be  a  president,  which  may  govern  the  assembly,  and  that  he 
be  from  time  to  time  changed  . . .  The  assemblies  according 
to  their  several  kinds,  if  they  be  greater  are  of  more,  if  they 
be  less,  they  are  of  less  authority.  Therefore  it  is  lawful  to 
appeal  from  a  less  assembly  to  a  greater  . . . 

Assemblies  are  either  Classes  or  Synods. 

Classes  are  conferences  of  the  fewest  ministers  of  churches, 
standing  near  together,  as  for  example  of  twelve.  The 
chosen  m.en  of  all  the  several  churches  of  that  assembly  are 
to  meet  in  conference :  that  is  to  say,  for  every  church  a  min- 
ister and  an  elder :  and  they  shall  meet  every  fortnight.  They 
shall  chiefly  endeavour  the  oversight  and  censure  of  that 
Classis . . 


304  SOURCE-BOOK  OP  RXGLISII  HISTORY 

A  Synod  is  an  assembly  of  chosen  men  from  more  churches 
than  those  that  be  in  one  Classis  or  conference. 

In  these,  the  articles  of  the  holy  discipline  and  synodical 
must  always  be  read;  also  in  them  .  . .  censures  or  inquisition 
made  upon  all  that  be  present .  . . 

Of  Synods  there  be  two  sorts :  the  first  is  particular,  and 
this  containeth  under  it,  both  Provincial  and  National 
Synods. 

A  Provincial  Synod  is  an  assembly  of  those  which  be 
delegated  from  all  the  Classes  or  Conferences  of  that  prov- 
ince. Let  every  province  contain  in  it  24  Classes  .  .  .  Let 
every  Classis  send  unto  the  Provincial  Synod  two  ministers 
and  as  many  elders.  It  shall  be  called  every  half  year,  or 
more  often,  until  the  discipline  be  confirmed  . .  . 

Let  the  acts  of  all  the  Provincial  Synods  be  sent  unto  the 
National  .  . . 

The  National  is  a  Synod  consisting  of  the  delegates  from 
all  the  Synods  Provincial  that  are  within  the  dominion  of 
one  commonwealth  .  .  . 

For  the  National  Synod,  three  ministers  and  three  elders 
must  be  chosen  out  of  every  Synod  Provincial. 

In  it  the  common  affairs  of  all  the  churches  of  the  whole 
nation  and  kingdom  are  to  be  handled:  as  of  doctrine,  dis- 
cipline and  ceremonies,  causes  not  decided  in  inferior  as- 
semblies, appellations  and  such  like  .  . . 

.  .  .Now  follows  the  universal  or  Oecumenical  Synod  of  the 
whole  world.  And  this  is  the  Synod  that  consisted!  and  is 
gathered  together  of  the  chosen  men  out  of  every  particular 
national  Synod. 

(Dangerous  Positions  and  Proceedings,  Richard  Bancroft,  Lond.,  1593.) 

136.   Whitgift's  Articles  touching  Preachers  and  other  Orders 
for  the  Church 

I.  That  the  laws  late  made  against  the  recusants  be  put 
in  more  due  execution,  considering  the  benefits  that  have 
grown  to  the  Church  thereby,  where  they  have  been  so  exe- 
cuted, and  the  encouragement  which  they  and  others  do  re- 
ceive by  remiss  executing  thereof. 

II.  That  all  preaching,  reading,  catechising  and  other  such 
like  exercises  in  private  places  and  families  whereunto  others 
do  resort,  being  not  of  the   same   family,   be  utterly   extin- 
guished. .  . 

III.  That  none  be  permitted  to  preach,  read  or  catechise 
in  the  church  or  elsewhere  unless  he  do  four  times  in  the 


ELIZABETH  305 

year  at  least  say  service  and  minister  the  sacraments  accord- 
ing to  the  Book  of  Common  Prayer. 

IV.  That  all  preachers  and  others  in  ecclesiastical  orders 
do  at  all  times  wear  and  use  such  kind  of  apparel  as  is 
prescribed  unto  them  by  the  book  of  Advertisements  and  her 
Majesty's  Injunctions  anno  primo. 

V.  That   none   be   permitted   to   preach   or   interpret   the 
Scriptures  unless  he  be  a  priest  or  deacon  at  the  least,  ad- 
mitted thereunto  according  to  the  laws  of  this  realm. 

VI.  That  none  be  permitted  to  preach,   read,   catechise, 
minister  the  sacraments  or  to  execute  any  other  ecclesias- 
tical  function  . . .  unless   he   first   consent   and   subscribe  to 
these  articles  following  . . .  viz.  : 

(a)  That  her  Majesty,  under  God,  hath  and  ought  to  have 
the  sovereignty  and  rule  over  all  manner  of  persons  born 
within  her  realms,  dominions  and  countries,  of  what  estate 
ecclesiastical  or  temporal  soever  they  be ;  and  that  no  foreign 
power,  prelate,  state  or  potentate  hath  or  ought  to  have  any 
jurisdiction  . . .  authority    ecclesiastical    or    temporal    within 
her  Majesty's  said  realms,  dominions  and  countries. 

(b)  That  the  Book  of  Common  Prayer  and  of  ordering 
bishops,  priests  and  deacons  containeth  nothing  in  it  con- 
trary to  the  word  of  God,  and  that  the  same  may  be  lawfully 
used,  and  that  he  himself  will  use  the  form  of  the  said  book 
prescribed  in  public  prayer  and  administration  of  the  sacra- 
ments, and  none  other. 

(c)  That  he  alloweth  the  book  of  Articles  of  Religion, 
agreed  upon  by  the  archbishops  and  bishops  in  both  provinces 
and  the  whole  clergy  in  the  Convocation  holden  at  London 
in  the  year  of  our  Lord  1562  and  set  forth  by  her  Majesty's 
authority,  and  that  he  believeth  all  the  articles  therein  con- 
tained to  be  agreeable  to  the  word  of  God. . . 

Jo.  Cant.  Jo.  London.  Jo.  Sarum. 

Ed.  Petriburgh.       Pho.  Lincoln.  Edm.  Norwich. 

Jo.  Roffen.  Tho.  Exon.  Marmad.  Meneven. 

(Life  and  Acts  of  John  Whitgift,  John  Strype,  Oxford,  1822,  I,  pp.  229-232.) 

137.  Puritan  Demands  in  Convocation  of  1563 

I.  That  all  the  Sundays  in  the  year,  and  principal  feasts 
of  Christ,  be  kept  holydays;  and  all  other  holydays  to  be 
abrogated. 

II.  That  in  all  parish  churches  the  minister  in  common 
prayer  turn  his  face  towards  the  people ;  and  there  distinctly 


306  SOURCE-BOOK  OF  ENGLISH  HISTORY 

read  the  divine  service  appointed,  where  all  the  people  as- 
sembled may  hear  and  be  edified. 

III.  That   in   ministering   the   sacrament   of   baptism,   the 
ceremony  of  making  the  cross  in  the  child's  forehead  may 
be  omitted,  as  tending  to  superstition. 

IV.  That  forasmuch  as  divers  communicants  are  not  able 
to  kneel  during  the  time  of  the  communion,  for  age,  sickness, 
and  sundry  other  infirmities ;  and  some  also  superstitiously 
both  kneel  and  knock ;  that  order  of  kneeling  may  be  left  to 
the  discretion  of  the  ordinary  within  his  jurisdiction. 

V.  That  it  be  sufficient  for  the  minister,  in  time  of  saying 
divine  service,  and  ministering  the  sacraments,  to  use  a  sur- 
plice; and  that  no  minister  say  service  or  minister  the  sacra- 
ments, but  in  a  comely  garment  or  habit. 

VI.  That  the  use  of  organs  be  removed. 

(Annals,  Strype,  Oxford,  1824,  I,  p.  502.) 

138.   Privileges  of  Parliament 

(is62) 

D' 'Elves'  Journals 

The  privileges  of  the  modern  Parliament  may  be  classed  under 
seven  heads:  (i)  Freedom  of  members  from  arrest  and  mo- 
lestation; (2)  freedom  of  speech  and  debate;  (3)  secrecy  of 
debate;  (4)  privilege  of  access  to  the  sovereign;  (5)  favourable 
construction  by  the  sovereign  of  all  actions  of  Parliament ;  (6) 
right  of  deciding  contested  elections;  (7)  right  of  each  House 
to  settle  the  order  of  its  business.  Various  parliamentary  rights 
belong  to  each  House.  It  is  the  custom  for  the  Speaker  of  the 
House  of  Commons  to  make  the  demand  for  the  recognition  of 
privilege  at  the  meeting  of  each  Parliament.  The  present  privi- 
leges are  the  result  of  continued  effort  against  the  royal  assump- 
tions. The  original  privileges  were  far  less  extensive,  including 
only  the  four  privileges  first  enumerated  in  the  following  ex- 
tract from  the  speech  of  Speaker  Williams  at  the  opening  of 
Parliament  of  1562. 

. . .  Further,  I  am  to  be  a  suitor  to  your  Majesty,  that 
when  matters  of  importance  shall  arise  whereupon  it  shall 
be  necessary  to  have  your  Highness'  opinion,  that  then  I 
may  have  free  access  unto  you  for  the  same ;  and  the  like  to 
the  Lords  of  the  Upper  House. 

Secondly,  that  in  repairing  from  the  Nether  House  to  your 
Majesty  or  the  Lords  of  the  Upper  House,  to  declare  their 
meanings,  and  I  mistaking  on  uttering  the  same  contrary  to 
their  meaning,  that  then  my  fault  or  imbecility  in  declaring 
thereof  be  not  prejudicial  to  the  House,  but  that  I  may  again 
repair  to  them,  the  better  to  understand  their  meanings,  and 
so  they  to  reform  the  same. 


ELIZABETH  307 

Thirdly,  that  the  assembly  of  the  Lower  House  may  have 
frank  and  free  liberties  to  speak  their  minds  without  any 
controlment,  blame,  grudge,  menaces  or  displeasure,  accord- 
ing to  the  old  ancient  order. 

Finally,  that  the  old  privilege  of  the  House  be  observed, 
which  is  that  they  and  theirs  might  be  at  liberty,  frank  and 
free,  without  arrest,  molestation,  trouble  or  other  damage  to 
their  bodies,  lands,  goods  or  servants,  with  all  other  their 
liberties,  during  the  time  of  the  said  parliament;  whereby 
they  may  the  better  attend  and  do  their  duty;  all  which 
privileges  I  desire  may  be  enrolled,  as  at  other  times  it  hath 

been  aCCUStOmed  .  .  .  (D>Ewe*>  Journals,  Lond.  1682,  p.  65.) 

139.   Elizabeth  and  Mary  Stuart 

D' Eives1  Journals 

No  student  of  history  can  pass  lightly  over  the  pages  which 
deal  with  Mary,  Queen  of  Scots.  This  romantic  figure  in  an  age 
of  romance  is  a  character  enigma  not  yet  solved.  The  attitude 
of  Elizabeth  and  Parliament  toward  Mary,  when  a  prisoner  in 
their  hands,  is  well  shown  by  the  accompanying  extract. 

May  it  please  your  most  excellent  Majesty,  We,  your 
humble,  loving  and  faithful  subjects,  the  Lords  and  Com- 
mons in  this  present  parliament  assembled,  having  of  long 
time,  to  our  intolerable  grief,  seen  by  how  manifold,  most 
dangerous  and  execrable  practices,  Mary  . . .  commonly  called 
the  Queen  of  Scots,  hath  compassed  the  destruction  of  your 
Majesty's  sacred  and  most  royal  person,  in  whose  safety 
(next  under  God)  our  chief  and  only  felicity  doth  lie,  and 
thereby  not  only  to  bereave  us  of  the  sincere  and  true  religion 
of  Almighty  God,  bringing  us  and  this  noble  crown  back 
again  into  the  thraldom  of  the  Romish  tyranny,  but  also 
utterly  to  ruinate  and  overthrow  the  happy  state  and  com- 
monweal of  this  most  noble  realm :  . . .  and  seeing  also  what 
insolent  boldness  is  grown  in  the  heart  of  the  same  Queen, 
through  your  Majesty's  former  exceeding  favours  and  clem- 
encies towards  her;  and  thereupon  weighing,  with  heavy 
and  sorrowful  hearts,  in  what  continual  peril  of  such- 
like desperate  conspiracies  and  practices  your  Majesty's 
most  royal  and  sacred  person  and  life  (more  dear  unto 
us  than  our  own)  is  and  shall  be  still,  without  any  pos- 
sible means  to  prevent  it,  so  long  as  the  said  Scottish  Queen 
shall  be  suffered  to  continue,  and  shall  not  receive  that 
due  punishment  which,  by  justice  and  the  laws  of  this  your 
realm,  she  hath  so  often  and  so  many  ways,  for  her  most 


3o8  SOURCE-BOOK  OF  ENGLISH  HISTORY 

wicked  and  detestable  offences,  deserved :  therefore  . . .  We 
do  most  humbly  beseech  your  most  excellent  Majesty  that, 
as  well  in  respect  of  the  continuance  of  the  true  religion 
now  professed  amongst  us  and  of  the  safety  of  your  most 
royal  person  and  estate,  as  in  regard  of  the  preservation 
and  defence  of  us  your  most  loving,  dutiful  and  faithful 
subjects  and  the  whole  commonweal  of  this  realm,  it  may 
please  your  Highness  to  take  speedy  order,  that  declaration 
of  the  same  sentence  and  judgment  be  made  and  published 
by  proclamation,  and  that  thereupon  direction  be  given  for 
further  proceedings  against  the  said  Scottish  Queen,  accord- 
ing to  the  effect  and  true  meaning  of  the  said  statute  [Stat. 
27  Eliz.  i.  §  i]  :  because,  upon  advised  and  great  consultation, 
we  cannot  find  that  there  is  any  possible  means  to  provide 
for  your  Majesty's  safety,  but  by  the  just  and  speedy  execu- 
tion of  the  said  Queen :...  and  if  the  same  be  not  put  in 
present  execution,  we  your  most  loving  and  dutiful  subjects, 
shall  thereby  (so  far  as  man's  reason  can  reach)  be  brought 
into  utter  despair  of  the  continuance  amongst  us  of  the  true 
religion  of  Almighty  God,  and  of  your  Majesty's  life,  and  the 
safety  of  all  your  faithful  subjects,  and  the  good  estate  of 
this  most  flourishing  commonweal. 

The  Queen  answered,  24.  November,  1586: 

That  her  Highness,  moved  with  some  commiseration  for 
the  Scottish  Queen,  in  respect  of  her  former  dignity  and 
great  fortunes  in  her  younger  years,  her  nearness  of  kindred 
to  her  Majesty  and  also  of  her  sex,  could  be  well  pleased  to 
forbear  the  taking  of  her  blood,  if,  by  any  other  means  to  be 
devised  by  her  Highness'  Great  Council  of  this  realm,  the 
safety  of  her  Majesty's  person  and  government  might  be 
preserved,  without  danger  of  ruin  and  destruction,  and  else 
not ;  therein  leaving  them  all  nevertheless  to  their  own  free 
liberty  and  dispositions  of  proceeding  otherwise  at  their 

choice. 

To  which  the  Houses  made  reply : 

That  having  often  conferred  and  debated  on  that  ques- 
tion, according  to  her  Highness'  commandment,  they  could 
find  no  other  way  than  was  set  down  in  their  petition. 

The   Queen's  second   answer. 

If  I  should  say  unto  you  that  I  mean  not  to  grant  your 
petition,  by  my  faith  I  should  say  unto  you  more  than  per- 


ELIZABETH  309 

haps  I  mean.  And  if  I  should  say  unto  you  I  mean  to  grant 
your  petition,  I  should  then  tell  you  more  than  is  fit  for 
you  to  know.  And  thus  I  must  deliver  you  an  answer  answer- 

^ess'  (D' Ewes'  Journals,  Rev.  Ed.  Lond.,  1628  pp.  380-402.) 

140.   Defeat  of  the  Spanish  Armada 

Somers'  Tract* 

The  Great  Armada  has  given  a  theme  to  innumerable  writers. 
Of  these  Sir  Robert  Carey,  Earl  of  Monmouth,  best  among  con- 
temporaries, condenses  in  a  succinct  yet  vivid  form  the  story  of 
the  futile  attempt  to  conquer  England. 

CAREY'S  ACCOUNT  OF  THE  ARMADA 

The  next  year  (1588)  the  King  of  Spain's  great  Armado 
came  upon  our  coast,  thinking  to  devour  us  all.  Upon  the 
news  sent  to  court  from  Plymouth  of  their  certain  arrival, 
my  Lord  Cumberland  and  myself  took  post  horse,  and  rode 
straight  to  Portsmouth,  where  we  found  a  frigate  that  car- 
ried us  to  sea ;  and  having  sought  for  the  fleets  a  whole  day, 
the  night  after  we  fell  amongst  them;  where  it  was  our 
fortune  to  light  first  on  the  Spanish  fleet;  and  finding  our- 
selves in  the  wrong,  we  tacked  about,  and  in  some  short  time 
got  to  our  own  fleet,  which  was  not  far  from  the  other.  At 
our  coming  aboard  our  admiral,  we  stayed  there  awhile;  but 
finding  the  ship  much  pestered,  and  scant  of  cabins,  we  left 
the  admiral,  and  went  aboard  Captain  Reyman,  where  we 
stayed,  and  were  very  welcome,  and  much  made  of.  It  was 
on  Thursday  that  we  came  to  the  fleet.  All  that  day  we 
followed  close  the  Spanish  Armado,  and  nothing  was  at- 
tempted on  either  side ;  the  same  course  we  held  all  Friday 
and  Saturday,  by  which  time  the  Spanish  fleet  cast  anchor 
just  before  Calais.  We  likewise  did  the  same,  a  very  small 
distance  behind  them,  and  so  continued  till  Monday  morning 
about  two  of  the  clock ;  in  wrhich  time  our  council  of  war 
had  provided  six  old  hulks,  and  stuffed  them  full  of  all  com- 
bustible matter  fit  for  burning,  and  on  Monday,  at  two  in  the 
morning,  they  were  let  loose,  with  each  of  them  a  man  in 
her  to  direct  them.  The  tide  serving,  they  brought  them 
very  near  the  Spanish  fleet,  so  that  they  could  not  miss  to 
come  amongst  the  midst  of  them :  then  they  set  fire  on  them, 
and  came  off  themselves,  having  each  of  them  a  little  boat 
to  bring  him  off.  The  ships  set  on  fire  came  so  directly  to 
the  Spanish  fleet,  as  they  had  no  way  to  avoid  them,  but  to 
cut  all  their  halsers,  and  so  escape ;  and  their  haste  was  such, 


310  SOURCE-BOOK  OF  ENGLISH  HISTORY 

that  they  left  one  of  their  four  great  galeasses  on  ground 
before  Calais,  which  our  men  took,  and  had  the  spoil  of, 
where  many  of  the  Spaniards  were  slain  with  the  governor 
thereof,  but  most  of  them  were  saved  with  wading  ashore 
to  Calais.  They  being  in  this  disorder,  we  made  ready  to 
follow  them,  where  began  a  cruel  fight,  and  we  had  such  ad- 
vantage both  of  wind  and  tide,  as  we  had  a  glorious  day  of 
them;  continuing  fight  from  four  o'clock  in  the  morning  till 
almost  five  or  six  at  night,  where  they  lost  a  dozen  or  four- 
teen of  their  best  ships,  some  sunk,  and  the  rest  run  ashore 
in  divers  parts  to  keep  themselves  from  sinking.  After  God 
had  given  us  this  great  victory,  they  made  all  the  haste  they 
could  away,  and  we  followed  them  Tuesday  and  Wednesday, 
by  which  time  they  were  gotten  as  far  as  Flamborough- 
head.  It  was  resolved  on  Wednesday  at  night,  that,  by  four 
o'clock  on  Thursday,  we  should  have  a  new  fight  with  them 
for  a  farewell ;  but  by  two  in  the  morning,  there  was  a  flag 
of  council  hung  out  in  our  vice-admiral,  when  it  was  found 
that  in  the  whole  fleet  there  was  not  municion  sufficient  to 
make  half  a  fight;  and  therefore,  it  was  there  concluded, 
that  we  should  let  them  pass,  and  our  fleet  to  return  to  the 
Downs.  That  night  we  departed  with  them,  we  had  a  mighty 
storm.  Our  fleet  cast  anchor,  and  endured  it;  but  the 
Spanish  fleet,  wanting  their  anchors,  were  many  of  them 
cast  ashore  on  the  west  of  Ireland,  where  they  had  all  their 
throats  cut  by  the  kernes;  and  some  of  them  on  Scotland, 
where  they  were  no  better  used;  and  the  rest,  with  much 
ado,  got  into  Spain  again.  Thus  did  God  bless  us,  and  gave 
victory  over  this  invincible  navy ;  the  sea  calmed,  and  all  our 
ships  came  to  the  Downs  on  Friday  in  safety. 

(Somers'  Collection  of  Tracts,  ed.  cit.,  I,  445.) 

141.   The  Armada  Speech  of  Elizabeth 

Somers'  Tracts 

The  following  speech  of  Elizabeth  to  Parliament  is  full  of 
interest,  not  only  for  its  subject  matter,  but  also  for  the  clear 
light  which  it  throws  upon  the  character  of  the  queen.  Her 
firmness,  her  finesse,  her  duplicity,  and  above  all,  her  ability  to 
manage  men,  can  be  read  by  the  student  of  history  in  the  public 
utterances  of  the  great  queen. 

A  SPEECH  MADE  BY  QUEEN  ELIZABETH  (OF  FAMOUS  MEMORY) 
IN  PARLIAMENT,  ANNO  1593:  AND  IN  THE  THIRTY-FIFTH 
YEAR  OF  HER  REIGN,  CONCERNING  THE  SPANISH  INVASION. 

My  Lords  and  Gentlemen, 

This  kingdom  hath  had  many  wise,  noble,  and  victorious 


ELIZABETH  3" 

princes;  I  will  not  compare  with  any  of  them  in  wisdom, 
fortitude,  or  any  other  virtues;  but  saving  the  duty  of  a 
child,  that  is  not  to  compare  with  his  father  in  love,  care, 
sincerity,  and  justice,  I  will  compare  with  any  prince  that 
ever  you  had,  or  shall  have. 

It  may  be  thought  simplicity  in  me,  that,  all  this  time  of 
my  reign,  I  have  not  sought  to  advance  my  territories,  and 
enlarge  my  dominions;  for  opportunity  hath  served  me  to 
do  it.  I  acknowledge  my  womanhood  and  weakness  in  that 
respect;  but  though  it  hath  not  been  hard  to  obtain,  yet  I 
doubted  how  to  keep  the  things  so  obtained ;  and  I  must  say. 
my  mind  was  never  to  invade  my  neighbours,  or  to  usurp 
over  any;  I  am  contented  to  reign  over  my  own,  and  to  rule 
as  a  just  princess. 

Yet  the  king  of  Spain  doth  challenge  me  to  be  the  quar- 
reller,  and  the  beginner  of  all  these  wars ;  in  which  he  doth 
me  the  greatest  wrong  that  can  be,  for  my  conscience  doth 
not  accuse  my  thoughts,  wherein  I  have  done  him  the  least 
injury;  but  I  am  persuaded  in  my  conscience,  if  he  knew 
what  I  know,  he  himself  would  be  sorry  for  the  wrong,  that 
he  hath  done  me. 

I  fear  not  all  his  threatenings ;  his  great  preparations  and 
mighty  forces  do  not  stir  me;  for  though  he  come  against 
me  with  a  greater  power  than  ever  was  his  invincible  navy, 
I  doubt  not  (God  assisting  me,  upon  whom  I  always  trust) 
but  that  I  shall  be  able  to  defeat  and  overthrow  him.  I  have 
great  advantage  against  him,  for  my  cause  is  just. 

I  heard  say,  when  he  attempted  his  last  invasion,  some 
upon  the  sea-coast  forsook  their  towns,  and  flew  up  higher 
into  the  country,  and  left  all  naked  and  exposed  to  his  en- 
trance :  but,  I  swear  unto  you,  if  I  knew  those  persons,  or  any 
that  should  do  so  hereafter,  I  will  make  them  know  and  feel 
what  it  is  to  be  so  fearful  in  so  urgent  a  cause. 

The  subsidies  you  give  me,  I  accept  thankfully,  if  you  give 
me  your  good  wills  with  them ;  but  if  the  necessity  of  the 
time,  and  your  preservations,  did  not  require  it,  I  would 
refuse  them;  but  let  me  tell  you  that  the  sum  is  not  so 
much,  but  that  it  is  needful  for  a  princess  to  have  so  much 
always  lying  in  her  coffers  for  your  defence  in  time  of  need, 
and  not  to  be  driven  to  get  it,  when  we  should  use  it. 

You  that  be  lieutenants  and  gentlemen  of  command  in 
your  countries,  I  require  you  to  take  care  that  the  people  be 
well  armed,  and  in  readiness  upon  all  occasions.  You  that 
be  judges  and  justices  of  the  peace,  I  command  and  straightly 


3i2  SOURCE-BOOK  OF  ENGLISH  HISTORY 

charge  you,  that  you  see  the  laws  to  be  duly  executed,  and 
that  you  make  them  living  laws,  when  we  have  put  life  into 
them. 

(Somers'  Collection  of  Historical  Tracts,  ed.  cit.,  I,  463.) 

142.   Execution  of  Margaret  Clitherow 

John  Mush 

John  Mush,  who  gives  the  following  account,  was  an  Eng- 
lish secular  priest,  who  was  ordained  in  Rome  and  then  came 
to  the  English  mission.  He  was  several  times  imprisoned,  and 
once  sentenced  to  death,  for  his  fearless  defence  of  his  faith,  yet 
he  finally  died  peacefully  at  an  extreme  old  age.  Margaret 
Clitherow  was  executed  on  the  charge  of  treason  in  concealing 
attainted  priests,  although  in  the  account  of  her  death  it  is 
strongly  intimated  that  she  was  martyred  because  she  would  not 
recant  her  faith. 

The  martyr  coming  to  the  place,  kneeled  her  down,  and 
prayed  to  herself.  The  tormentors  bade  her  pray  with  them, 
and  they  would  pray  with  her.  The  martyr  denied,  and  said, 
"I  will  not  pray  with  you,  and  you  shall  not  pray  with  me; 
neither  will  I  say  Amen  to  your  prayers,  nor  shall  you  to 
mine."  Then  they  willed  her  to  pray  for  the  Queen's  ma- 
jesty. The  martyr  began  in  this  order.  First,  in  the  hear- 
ing of  them  all,  she  prayed  for  the  Catholic  Church,  then  for 
the  Pope's  Holiness,  Cardinals,  and  other  Fathers  which  have 
charge  of  souls,  and  then  for  all  Christian  princes.  At  which 
words  the  tormentors  interrupted  her,  and  willed  her  not  to 
put  her  majesty  among  that  company,  yet  the  martyr  pro- 
ceeded in  this  order,  "and  especially  for  Elizabeth,  Queen 
of  England,  that  God  turn  her  to  the  Catholic  faith,  and  that 
after  this  mortal  life  she  may  receive  the  blessed  joys  of 
heaven.  For  I  wish  as  much  good,"  quoth  she,  "to  her  ma- 
jesty's soul  as  to  mine  own."  Sheriff  Gibson,  abhorring 
the  cruel  fact,  stood  weeping  at  the  door.  Then  said  Faw- 
cet,  "Mrs.  Clitherow,  you  must  remember  and  confess  that 
you  die  for  treason."  The  martyr  answered,  "No,  no,  Mr. 
Sheriff,  I  die  for  the  love  of  my  Lord  Jesu" ;  which  last 
words  she  spake  with  a  loud  voice  . . . 

The  women  took  off  her  clothes,  and  put  upon  her  the 
long  habit  of  linen.  Then  very  quietly  she  laid  her  down 
upon  the  ground,  her  face  covered  with  a  handkerchief,  the 
linen  habit  being  placed  over  her  as  far  as  it  would  reach, 
all  the  rest  of  her  body  being  naked.  The  door  was  laid 
upon  her,  her  hands  she  joined  towards  her  face.  Then  the 
sheriff  said,  "Nay,  you  must  have  your  hands  bound."  The 


ELIZABETH  313 

martyr  put  forth  her  hands  over  the  door  still  joined.  Then 
two  sergeants  parted  them,  and  with  the  inkle  strings,  which 
she  had  prepared  for  that  purpose  bound  them  to  two  posts, 
so  that  her  body  and  her  arms  made  a  perfect  cross.  They 
willed  her  again  to  ask  the  Queen's  Majesty's  forgiveness, 
and  to  pray  for  her.  The  martyr  said  she  had  prayed  for 
her.  They  also  willed  her  to  asked  her  husband's  forgive- 
ness. The  martyr  said,  "If  ever  I  have  offended  him,  but 
for  my  conscience,  I  ask  him  forgiveness." 

After  this  they  laid  weight  upon  her,  which  when  she 
first  felt,  she  said,  "Jesu !  Jesu !  Jesu !  have  mercy  upon 
me !"  which  were  the  last  words  she  was  heard  to  speak. 

She  was  in  dying  one  quarter  of  an  hour.  A  sharp  stone, 
as  much  as  a  man's  fist,  put  under  her  back ;  upon  her  was 
laid  to  the  quantity  of  seven  or  eight  hundred-weight  at  the 
least,  which,  breaking  her  ribs,  caused  them  to  burst  forth  of 
the  skin. 

Thus  most  victoriously  this  gracious  martyr  overcame 
all  her  enemies,  passing  [from]  this  mortal  life  with  marvel- 
lous triumph  into  the  peaceable  city  of  God,  there  to  receive 
a  worthy  crown  of  endless  immortality  and  joy. 

This  was  at  nine  of  the  clock,  and  she  continued  in  the 
press  until  three  at  afternoon.  Her  hat  before  she  died  she 
sent  to  her  husband,  in  sign  of  her  loving  duty  to  him  as  to 
her  head.  Her  hose  and  shoes  to  her  eldest  daughter,  Anne, 
about  twelve  years  old,  signifying  that  she  should  serve  God 
and  follow  her  steps  of  virtue. 

(The  Troubles  of  Our  Catholic  Forefathers  Related  by  Themselves,  p.  430  et  seq. 
Mr.  John  Mush's  Life  of  Margaret  Clitherow,  London,  1877.) 


143.   Death  of  Elizabeth 

Somers^  Tracts 

The  death  of  Queen  Elizabeth  closed  the  Tudor  dynasty,  the 
most  brilliant  completed  period  of  English  history.  The  ac- 
count given  is  of  especial  interest  for  the  portion  concerning  the 
act  of  the  dying  sovereign  in  relation  to  the  succession  to  the 
throne.  Other  contemporary  writers  deny  the  intention  of 
Elizabeth  to  appoint  James  of  Scotland  as  her  successor ;  and 
even  if  the  account  selected  is  true,  the  claim  that  James  was 
absolutely  named  by  Elizabeth  as  her  heir  was  evidently  largely 
founded  on  imagination  and  desire. 


SOURCE-BOOK  OF  ENGLISH  HISTORY 


THE    DEATH    OF    QUEEN    ELIZABETH,    WITH     HER    DECLARATION 
OF   HER   SUCCESSOR 

About  the  Friday  sevenight  after  Christmas  last,  being 
about  the  I4th  of  January,  1602,  in  the  45th  year  of  her 
reigne,  the  late  queen  about  two  days  before  sickened  of  a 
colde,  (being  ever  forewarned  by  Doctor  Dee,  to  beware  of 
White-hall,)  and  the  said  I4th  day  removed  to  Richmond; 
but  a  little  before  her  going,  even  the  same  morning,  the 
Earle  of  Nottingham,  high  admirale  of  England,  coming  to 
her,  partly  to  speake  with  her  as  concerning  her  removall,  and 
partly  touching  other  matters,  wherein  her  pleasure  and 
direction  was  to  be  knowne,  they  fell  into  some  speech  of  the 
succession;  and  then  she  told  him  that  her  seate  had  been 
ever  the  throne  of  kings,  and  none  but  her  next  heir  of 
blood  and  descent  should  succeed  her.  After  falling  into 
other  matters,  they  left  that  speech,  and  she  departed  to 
Richmond ;  where  she  was  well  amended  of  the  cold.  But 
on  Monday  the  2Oth  of  February,  she  begann  to  sicken 
againe,  and  so  continued  till  Monday  the  7th  of  March,  at 
which  time  notice  was  given  to  the  lords  of  the  councell, 
that  she  was  sick  of  a  cold,  and  so  she  continued  sick  till 
Tuesday  the  I5th  of  March  following;  after  which  day  she 
began  somewhat  to  amend.  But  the  i8th  of  March  follow- 
ing being  Friday,  she  began  to  be  very  ill,  whereupon  the 
lords  of  the  councell  were  sent  for  to  Richmond,  and  there 
continued  till  Wednesday  the  24th  of  March,  about  three  of 
the  clock  in  the  morning  (being  our  Lady  even)  at  which 
time  she  died;  but  on  Tuesday  before  her  death,  being  the 
23d  of  March,  the  lord  admirall  being  on  the  right  side  of  the 
bed,  the  lord  keeper  at  the  left,  and  Mr.  Secretary  Cecill 
(after  Earle  of  Salisbury)  at  the  beds  feete;  all  standing. 

The  lord  admirall  put  her  in  mind  of  her  speech,  con- 
cerning the  succession,  had  at  White-hall ;  and  that  they,  in 
the  name  of  all  the  rest  of  her  councell,  came  unto  her  to 
knowe  her  pleasure  who  should  succeede.  Whereunto  she 
thus  replyed :  "I  told  you  my  seat  had  been  the  seat  of  kings, 
and  I  will  have  no  rascall  to  succeed  me,  and  who  should 
succeed  me,  but  a  king?" 

The  lords  not  understanding  this  darke  speech,  and  look- 
ing the  one  on  the  other,  at  length  Mr.  Secretary  boldly 
asked  her,  what  she  meant  by  these  words,  "That  no  rascall 
should  succeed  her  ?"  whereunto  she  replyed,  "That  her  mean- 


ELIZABETH  31 5 

ing  was,  that  a  king  should  succeed  her,  and  who,"  quoth  she. 
"should  that  be,  but  our  cozen  of  Scotland." 

They  asked  her  whether  that  were  her  absolute  resolution  ? 
whereunto  she  answered,  "I  pray  you  trouble  me  no  more, 
I'll  have  none  but  him" ;  with  which  answer  they  departed. 

Notwithstanding,  after  again,  about  four  a  clock  in  the 
afternoon,  the  next  day,  being  Wednesday,  (after  the  arch- 
bishopp  of  Canterbury  and  other  divines  had  been  with  her, 
and  left  her  in  a  manner  speechlesse),  the  three  lords  afore- 
said repaired  unto  her  againe,  asking  her  if  she  remained 
in  her  former  resolution,  and  who  should  succeed  her;  but 
she  not  being  able  to  speak,  was  asked  by  Mr.  Secretary  in 
this  sort,  wee  beseech  your  majesty  if  you  remaine  in  your 
former  resolution,  and  that  you  would  have  the  King  of 
Scots  to  succeed  you  in  your  kingdom,  shewe  some  sign  unto 
us;  whereat  suddenly  heaveing  herself  upwards  in  the  bed, 
and  putting  her  arms  out  of  bed,  she  held  both  her  hands 
jointly  together  over  her  head  in  manner  of  a  crown,  where- 
by as  they  guessed  she  signified,  that  she  did  not  only  wish 
him  the  kingdome,  but  desired  the  continuance  of  his  estate, 
after  which  they  departed. 

And  the  next  morning  (as  is  aforesaid)  she  dyed.  Im- 
mediately after  her  death,  all  the  lords,  as  well  of  the  councell 
as  other  noblemen  that  were  at  the  courte,  came  from  Rich- 
mond to  White-hall  by  six  o'clock  in  the  morning,  where  other 
noblemen  that  were  at  London  met  them ;  but  as  they  began 
to  sitt  in  councell  in  the  privy  chamber  at  White-hall,  the 
lord  keeper,  (Sir  Thomas  Egerton,)  and  the  rest  of  the  coun- 
cell that  were  no  barons,  offered  to  sitt  at  the  lower  end  of 
the  councell  table,  and  not  above  any  of  the  meanest  nobility : 
but  the  noblemen,  in  respect  of  their  former  authority,  called 
them  to  the  higher  end  of  the  table,  and  wished  them  to 
keepe  their  places ;  whereunto  the  lord  keeper  answered,  viz. 
If  it  be  your  lordshipps  pleasure,  wee  will  do  so,  but  that  is 
more  of  your  courtesies  then  we  can  demand  of  duty;  and 
so  they  sat  downe,  every  man  according  to  his  degree  in 
councell;  touching  the  succession,  where  after  some  speech 
had  of  divers  competitors  and  matters  of  state,  at  length  the 
lord  admirall  rehearsed  all  the  aforesaid  premisses,  which  the 
late  queen  had  spoken  to  him,  and  to  the  lord  keeper,  and 
Mr.  Secretary,  with  the  manner  thereof;  which  they  being 
asked,  did  affirme  to  be  true  upon  their  honours. 

(Somers*  Collection  of  Historical  Tracts,  ed.  cit.,  I,  246.) 


CHAPTER   XIX 

ELIZABETHAN    SEAMEN 


144.    Hawkins'  Third  Voyage 

Hakluyl 

The  activities  of  the  Elizabethan  seamen  who  bore  the  banner 
of  England  north,  south,  and  west,  and  defied  the  power  of 
Spain,  the  then  lord  of  the  New  World,  found  their  historian 
in  RICHARD  HAKLUYT  (circa  1553-1616).  The  greatest  of  his 
works  is  The  Principal  Navigations,  Voyages,  Traffiqucs,  and 
Discoveries  of  the  English  Nation  (London,  1598-1600).  "It  is 
an  invaluable  treasure  of  material  for  the  history  of  geographical 
discovery  and  colonization."  Various  editions  are  accessible.  I 
have  selected  four  accounts  of  voyages,  each  typical  of  the  enter- 
prise of  the  sea-rovers,  who  traversed  many  oceans  in  quest  of 
slaves,  treasure,  discovery  of  a  passage  to  Cathay,  or  spots  on 
which  to  found  colonies.  The  first  of  these  voyages  is  that  of 
Sir  John  Hawkins,  told  by  that  seaman  himself.  John  Hawkins 
(circa  1532-1595)  was  Vice-Admiral  in  the  time  of  the  Armada, 
and  before  that  day  had  been  untiring  in  voyages  of  exploration. 
These  were  often  extremely  lucrative,  as  he  secured  large  cargoes 
of  slaves.  His  third  voyage,  of  which  the  following  is  the  ac- 
count, is  illustrative  of  one  of  the  expeditions  made  for  the  latter 
purpose.  In  this  traffic  he  did  not  stand  alone  among  his  con- 
temporaries. 

The  Third  troublesome  Voyage  made  with  the  Jesus  of 
Lubeck,  the  Minion,  and  four  other  ships,  to  the  parts  of 
Guinea  and  the  West  Indies,  in  the  years  1567  and  1568,  by 
Master  JOHN  HAWKINS. 

The  ships  departed  from  Plymouth,  the  2nd  day  of  Oc- 
tober, Anno  1567,  and  had  reasonable  weather  until  the 
seventh  day.  At  which  time,  forty  leagues  north  from  Cape 
Finisterre,  there  arose  an  extreme  storm,  which  continued 
four  days,  in  such  sort,  that  the  fleet  was  dispersed,  and  all 
our  great  boats  lost ;  and  the  Jesus,  our  chief  ship,  in  such 
case  as  not  thought  able  to  serve  the  voyage.  Whereupon  in 
the  same  storm  we  set  our  course  homeward,  determining  to 
give  over  the  voyage.  But  the  eleventh  day  of  the  same 
month,  the  wind  changed  with  fair  weather,  whereby  we 

316 


ELIZABETHAN  SEAMEN  317 

were  animated  to  follow  our  enterprise,  and  so  did,  directing 
our  course  with  the  islands  of  the  Canaries,  where,  accord- 
ing to  an  order  before  prescribed,  all  our  ships  before  dis- 
persed, met  at  one  of  those  islands,  called  Gomera,  where  we 
took  water,  and  departed  from  thence  on  the  4th  day  of  No- 
vember, towards  the  coast  of  Guinea,  and  arrived  at  Cape 
Verde,  on  the  i8th  day  of  November:  where  we  landed  150 
men,  hoping  to  obtain  some  negroes,  where  we  got  but  few, 
and  those  with  great  hurt  and  damage  to  our  men,  which 
chiefly  proceeded  of  their  envenomed  arrows.  And  although 
in  the  beginning  they  seemed  to  be  but  small  hurts,  yet  there 
hardly  escaped  any  that  had  blood  drawn  of  them,  but  died  in 
strange  sort,  with  their  mouths  shut  some  ten  days  before  they 
died,  and  after  their  wounds  were  whole ;  where  I  myself  had 
one  of  the  greatest  wounds,  yet,  thanks  be  to  God,  escaped. 
From  thence  we  passed  the  time  upon  the  coast  of  Guinea, 
searching  with  all  diligence  the  rivers  from  Rio  Grande 
unto  Sierra  Leone,  till  the  I2th  of  January,  in  which  time 
we  had  not  gotten  together  a  hundred  and  fifty  negroes. 
Yet  notwithstanding,  the  sickness  of  our  men  and  the  late 
time  of  the  year  commanded  us  away :  and  thus  having  noth- 
ing wherewith  to  seek  the  coast  of  the  West  Indies,  I  was 
with  the  rest  of  our  company  in  consultation  to  go  to  the 
coast  of  the  Mine,  hoping  there  to  have  obtained  some  gold 
for  our  wares,  and  thereby  to  have  defrayed  our  charge. 
But  even  in  that  present  instant,  there  came  to  us  a  negro, 
sent  from  a  king,  oppressed  by  other  kings  his  neighbours, 
desiring  our  aid,  with  promise  that  as  many  negroes  as  by 
these  wars  might  be  obtained,  as  well  of  his  part  as  of  ours, 
should  be  at  our  pleasure.  Whereupon  we  concluded  to  give 
aid,  and  sent  120  of  our  men,  which  on  the  I5th  of  January 
assaulted  a  town  of  the  negroes  of  our  ally's  adversaries, 
which  had  in  it  8,000  inhabitants,  being  very  strongely  im- 
paled and  fenced  after  their  manner.  But  it  was  so  well  de- 
fended, that  our  men  prevailed  not,  but  lost  six  men  and  forty 
hurt :  so  that  our  men  sent  forthwith  to  me  for  more  help. 
Whereupon,  considering  that  the  good  success  of  this  en- 
terprise might  highly  further  the  commodity  of  our  voyage, 
I  went  myself,  and  with  the  help  of  the  king  of  our  side,  as- 
saulted the  town,  both  by  land  and  by  sea  and  very  hardly 
with  fire  (their  houses  being  covered  with  dry  palm  leaves) 
obtained  the  town  and  put  the  inhabitants  to  flight,  where 
we  took  250  persons,  men,  women,  and  children,  and  by  our 
friend  the  king  of  our  side,  there  were  taken  600  prisoners, 


318  SOURCE-BOOK  OF  ENGLISH  HISTORY 

whereof  we  hoped  to  have  had  our  cho:ce.  But  the  negro 
(in  which  nation  is  seldom  or  never  found  truth)  meant 
nothing  less:  for  that  night  he  removed  his  camp  and  prison- 
ers, so  that  we  were  fain  to  content  us  with  those  few  which 
we  had  gotten  ourselves. 

Now  had  we  obtained  between  four  and  five  hundred 
negroes,  wherewith  we  thought  it  somewhat  reasonable  to 
seek  the  coast  of  the  West  Indies ;  and  there,  for  our  negroes, 
and  other  our  merchandise,  we  hoped  to  obtain  whereof  to 
countervail  our  charges  with  some  gains.  Whereunto  we 
proceeded  with  all  diligence,  furnished  our  watering,  took 
fuel,  and  departed  the  coast  of  Guinea  on  the  3d  of  February, 
continuing  at  the  sea  with  a  passage  more  hard  than  before 
hath  been  accustomed  till  the  27th  day  of  March,  which  day 
we  had  sight  of  an  island,  called  Dominica,  upon  the  coast  of 
the  West  Indies,  in  fourteen  degrees.  From  thence  we  coasted 
from  place  to  place,  making  our  traffic  with  the  Spaniards 
as  we  might,  somewhat  hardly,  because  the  king  had  straitly 
commanded  all  his  governors  in  those  parts  by  no  means  to 
suffer  any  trade  to  be  made  with  us.  Notwithstanding,  we 
had  reasonable  trade,  and  courteous  entertainment,  from  the 
Isle  of  Margarita  unto  Cartagena,  without  anything  greatly 
worth  the  noting,  saving  at  Capo  de  la  Vela,  in  a  town  called 
Rio  de  la  Hacha,  from  whence  come  all  the  pearls.  The 
treasurer,  who  had  the  charge  there,  would  by  no  means 
agree  to  any  trade,  or  suffer  us  to  take  water.  He  had  forti- 
fied his  town  with  divers  bulwarks  in  all  places  where  it 
might  be  entered,  and  furnished  himself  with  an  hundred 
arquebusiers,  so  that  he  thought  by  famine  to  have  inforced 
us  to  have  put  on  land  our  negroes.  Of  which  purpose  he 
had  not  greatly  failed,  unless  we  had  by  force  entered  the 
town;  which  (after  we  could  by  no  means  obtain  his  favour) 
we  were  enforced  to  do,  and  so  with  two  hundred  men  brake 
in  upon  their  bulwarks,  and  entered  the  town  with  the  loss 
only  of  two  men  of  our  part,  and  no  hurt  done  to  the  Span- 
iards, because  after  their  volley  of  shot  discharged,  they  all 
fled.  Thus  having  the  town  with  some  circumstance,  as 
partly  by  the  Spaniards'  desire  of  negroes,  and  partly  by 
friendship  of  the  treasurer,  we  obtained  a  secret  trade : 
whereupon  the  Spaniards  resorted  to  us  by  night,  and  bought 
of  us  to  the  number  of  200  negroes.  In  all  other  places 
where  we  traded  the  Spanish  inhabitants  were  glad  of  us 
and  traded  willingly. 

(Hakiuyt,  ed.  by  J.  A.  Payne  in  I'oyages  of  the  Elizabethan  Seamen 
Lond.  1880.     p.  52.) 


ELIZABETHAN  SEAMEN  319 

145.  Drake's  famous  Voyage 

Hakluyt 

Sir  Francis  Drake  (circa  1545-1595)  began  his  naval  career  as 
a  chaplain  and  died  an  admiral.  His  greatest  voyage  was  that 
around  the  world,  begun  in  1577.  This  was  made  in  the  ship 
The  Golden  Hind,  which  Elizabeth  ordered  to  be  forever  pre- 
served as  a  monument  of  the  glory  of  the  navigators  and  the 
country.  Drake's  circumnavigation  of  the  world  was  but  one 
of  many  successful  voyages.  In  these  days,  when  piracy  and 
robbery  are  not  the  necessary  accompaniments  of  exploration, 
his  exploits  appear  well-nigh  incredible.  Yet  there  is  good 
evidence  of  the  truth  of  the  tales  of  towns  sacked,  galleons 
plundered,  and  treasures  of  silver,  gold,  and  jewels  secured. 
Above  all  seamen  of  his  time,  Drake  bearded  the  Spanish  power 
and  tore  from  it  the  mastery  of  the  seas.  The  voyage  given  is 
from  the  pen  of  one  who  himself  sailed  with  Drake.  It  well 
illustrates  the  progress  of  the  second  great  incentive  to  English 
exploration  in  the  sixteenth  century,  the  plunder  of  the  Spaniard. 

NARRATIVE   OF   FRANCIS    PRETTY 

The  Famous  Voyage  of  Sir  FRANCIS  DRAKE,  into  the  South 
Sea,  and  therehence  about  the  whole  globe  of  the  earth,  begun 
in  the  year  of  our  Lord,  1577. 

On  the  1 5th  day  of  November,  in  the  year  of  our  Lord 
1577,  Mr.  Francis  Drake,  with  a  fleet  of  five  ships  and 
barques,  and  to  the  number  of  164  men,  gentlemen  and 
sailors,  departed  from  Plymouth. . . . 

On  the  I7th  of  August  we  departed  the  port  of  St.  Julian, 
and  on  the  2Oth  we  fell  in  with  the  Straits  of  Magellan,  going 
into  the  South  Sea,  at  the  cape  or  headland  whereof  we 
found  the  body  of  a  dead  man,  whose  flesh  was  clean  con- 
sumed. On  the  2 ist  day  we  entered  the  Straits  . . .  We  con- 
tinuing our  course,  fell  the  29th  of  November  with  an  island 
called  La  Mocha. .  .the  next  day  repairing  again  to  the  shore, 
and  sending  two  men  to  land  with  barrels  to  fill  water,  the 
people  taking  them  for  Spaniards  (to  whom  they  use  to 
show  no  favor  if  they  take  them)  laid  violent  hands  on  them, 
and,  as  we  think,  slew  them. 

Our  General  seeing  this,  stayed  here  no  longer,  but 
weighed  anchor,  and  set  sail  towards  the  coast  of  Chili,  and 
drawing  towards  it,  we  met  near  to  the  shore  an  Indian  in  a 
Canoe,  who  thinking  us  to  have  been  Spaniards,  came  to  us 
and  told  us,  that  at  a  place  called  Santiago,  there  was  a  great 
Spanish  ship  laden  from  the  kingdom  of  Peru,  for  which 
good  news  our  General  gave  him  divers  trifles.  Whereof  he 


320  SOURCE-BOOK  OF  ENGLISH  HISTORY 

was  glad,  and  went  along  with  us  and  brought  us  to  the  place, 
which  is  called  the  port  of  Valparaiso.  When  we  came 
thither  we  found,  indeed,  the  ship  riding  at  anchor,  having 
in  her  eight  Spaniards  and  three  negroes,  who,  thinking  us 
to  have  been  Spaniards,  and  their  friends,  welcomed  us  with 
a  drum,  and  made  ready  a  Bottija  of  wine  of  Chili  to  drink 
to  us.  But  as  soon  as  we  were  entered,  one  of  our  company 
called  Thomas  Moon  began  to  lay  about  him,  and  struck  one 
of  the  Spaniards,  and  said  unto  him,  "Abaxo  perro !"  that  is 
in  English,  "Go  down,  dog !"  One  of  these  Spaniards,  see- 
ing persons  of  that  quality  in  these  seas,  all  to  crossed  and 
blessed  himself.  But,  to  be  short,  we  stowed  them  under 
hatches,  all  save  one  Spaniard,  who  suddenly  and  desperately 
leapt  over-board  into  the  sea,  and  swam  ashore  to  the  town 
of  Santiago,  to  give  them  warning  of  our  arrival. 

They  of  the  town  being  not  above  nine  households,  pres- 
ently fled  away  and  abandoned  the  town.  Our  General 
manned  his  boat  and  the  Spanish  ship's  boat  and  went  to  the 
town,  and  being  come  to  it,  we  rifled  it,  and  came  to  a  small 
chapel,  which  we  entered,  and  found  therein  a  silver  chalice, 
two  cruets,  and  one  altar-cloth,  the  spoil  whereof  our  Gen- 
eral gave  to  Mr.  Fletcher,  his  minister.  We  found,  also  in 
this  town  a  warehouse  stored  with  wine  of  Chili  and  many 
boards  of  cedar- wood,  all  which  wine  we  brought  away  with 
us,  and  certain  of  the  boards  to  burn  for  firewood.  And  so, 
being  come  aboard,  we  departed  the  haven,  having  first  set 
all  the  Spaniards  on  land,  saving  one  John  Griego,  a  Greek 
born,  whom  our  General  carried  with  him  as  pilot  to  bring 
him  into  the  haven  of  Lima. 

When  we  were  at  sea  our  General  rifled  the  ship,  and 
found  in  her  good  store  of  the  wine  of  Chili,  and  25,000 
pesos  of  very  pure  and  fine  gold  of  Valdivia,  amounting  in 
value  to  37,000  ducats  of  Spanish  money,  and  above.  So, 
going  on  our  course,  we  arrived  next  at  a  place  called  Co- 
quimbo,  where  our  General  sent  fourteen  of  his  men  on  land 
to  fetch  water.  But  they  were  espied  by  the  Spaniards,  who 
came  with  300  horsemen  and  200  footmen,  and  slew  one  of 
our  men  with  a  piece.  The  rest  came  aboard  in  safety,  and 
the  Spaniards  departed.  We  went  on  shore  again  and  buried 
our  man,  and  the  Spaniards  came  down  again  with  a  flag 
of  truce;  but  we  set  sail,  and  would  not  trust  them.  From 
hence  we  went  to  a  certain  port  called  Tarapaca,  where, 
being  landed,  we  found  by  the  sea  a  Spaniard  lying  asleep, 
who  had  lying  by  him  thirteen  bars  of  silver,  which  weighed 


ELIZABETHAN  SEAMEN  321 

4,000  ducats  Spanish.  We  took  the  silver  and  left  the  man. 
Not  far  from  hence,  going  on  land  for  fresh  water,  we  met 
with  a  Spaniard  and  an  Indian  boy  driving  eight  llamas  or 
sheep  of  Peru,  which  are  as  big  as  asses;  everyone  of  which 
sheep  had  on  his  back  two  bags  of  leather,  each  bag  contain- 
ing 50  Ibs.  weight  of  fine  silver.  So  that,  bringing  both  the 
sheep  and  their  burthen  to  the  ship,  we  found  in  all  the  bags 
800  weights  of  silver. 

Herehence  we  sailed  to  a  place  called  Arica,  and,  being 
entered  the  haven,  we  found  there  three  small  barques,  which 
we  rifled,  and  found  in  one  of  them  fifty-seven  wedges  of 
silver,  each  of  them  weighing  about  20  Ibs.  weight,  and  every 
of  these  wedges  were  of  the  fashion  and  bigness  of  a  brick- 
bat. In  all  these  three  barques  we  found  not  one  person. 
For  they,  mistrusting  no  strangers,  were  all  gone  on  land  to 
the  town,  which  consisteth  of  about  twenty  houses,  which 
we  would  have  ransacked  if  our  company  had  been  better  and 
more  in  number.  But  our  General,  contented  with  the  spoil 
of  the  ships,  left  the  town  and  put  off  again  to  sea,  and  set 
sail  for  Lima,  and,  by  the  way,  met  with  a  small  barque, 
which  he  boarded,  and  found  in  her  good  store  of  linen 
cloth.  Whereof  taking  some  quantity,  he  let  her  go. 

To  Lima  we  came  on  the  I3th  of  February,  and,  being 
entered  the  haven,  we  found  there  about  twelve  sail  of  ships 
lying  fast  moored  at  anchor,  having  all  their  sails  carried  on 
shore ;  for  the  masters  and  merchants  were  here  most  secure, 
having  never  been  assaulted  by  enemies,  and  at  this  time 
feared  the  approach  of  none  such  as  we  were.  Our  General 
rifled  these  ships,  and  found  in  one  of  them  a  chest  full  of 
reals  of  plate,  and  good  store  of  silks  and  linen  cloth,  and 
took  the  chest  into  his  own  ship,  and  good  store  of  silks  and 
linen.  In  which  ship  he  had  news  of  another  ship  called  the 
Cacafuego,  which  was  gone  towards  Payta,  and  that  the 
same  ship  was  laden  with  treasure.  Whereupon  we  stayed 
no  longer  here,  but,  cuting  all  the  cables  of  the  ships  in  the 
haven,  we  let  them  drive  whither  they  would,  either  to  sea 
or  to  the  shore,  and  with  all  speed  we  followed  the  Cacafuego 
toward  Payta,  thinking  there  to  have  found  her ;  but  before 
we  arrived  there  she  was  gone  from  thence  towards  Panama, 
whom  our  General  still  pursued,  and  by  the  way  met  with  a 
barque  laden  with  ropes  and  tackle  for  ships,  which  he 
boarded  and  searched,  and  found  in  her  80  Ibs.  weight  of  gold, 
and  a  crucifix  of  gold  with  goodly  great  emeralds  set  in  it, 
which  he  took,  and  some  of  the  cordage  also  for  his  own  ship. 


322  SOURCE-BOOK  OF  ENGLISH  HISTORY 

From  hence  we  departed,  still  following  the  Cacafuegc; 
and  our  General  promised  our  company  that  whosoever 
should  first  descry  her  should  have  his  chain  of  gold  for  his 
good  news.  It  fortuned  that  John  Drake,  going  up  into  the 
top,  descried  her  at  about  three  o'clock,  and  at  about  six 
o'clock  we  came  to  her  and  boarded  her,  and  shot  at  her 
three  pieces  of  ordnance,  and  struck  down  her  mizen,  and, 
being  entered,  we  found  in  her  great  riches,  as  jewels  and 
precious  stones,  thirteen  chests  full  of  reals  of  plate,  four- 
score pounds  weight  of  gold,  and  six-and-twenty  tons  of 
silver.  The  place  where  we  took  this  prize  was  called  Cape 
de  San  Francisco,  about  150  leagues  from  Panama.  The 
pilot's  name  of  this  ship  was  Francisco,  and  amongst  other 
plate  that  our  General  found  in  this  ship  he  found  two  very 
fair  gilt  bowls  of  silver,  which  were  the  pilot's,  to  whom  our 
General  said,  "  Senor  Pilot,  you  have  here  two  silver  cups ; 
but  I  must  needs  have  one  of  them,"  which  the  pilot,  because 
he  could  not  otherwise  choose,  yielded  unto,  and  gave  the 
other  to  the  steward  of  our  General's  ships.  When  this  pilot 
departed  from  us,  his  boy  said  thus  unto  our  General,  "Cap- 
tain, our  ship  shall  be  called  no  more  the  Cacafuego,  but  the 
Cacaplata,  and  your  ship  shall  be  called  the  Cacafuego," 
which  pretty  speech  of  the  pilot's  boy  ministered  matter  of 
laughter  to  us,  both  then  and  long  after.  When  our  General 
had  done  what  he  would  with  this  Cacafuego,  he  cast  her 
off,  and  we  went  on  our  course  still  towards  the  west,  and 
not  long  after  met  with  a  ship  laden  with  linen  cloth  and 
fine  China  dishes  of  white  earth,  and  great  store  of  China 
silks,  of  all  which  things  we  took  as  we  listed.  The  owner 
himself  of  this  ship  was  in  her,  who  was  a  Spanish  gentle- 
man, from  whom  our  General  took  a  faulcon  of  gold,  with 
a  great  emerald  in  the  breast  thereof;  and  the  pilot  of  the 
ship  he  took  also  with  him,  and  so  cast  the  ship  off. 

This  pilot  brought  us  to  the  haven  of  Aguatulco,  the  town 
whereof,  as  he  told  us,  had  but  seventeen  Spaniards  in  it. 
As  soon  as  we  were  entered  this  haven,  we  landed,  and  went 
presently  to  the  town  and  to  the  Town-house,  where  we 
found  a  judge  sitting  in  judgment,  being  associated  with 
three  other  officers,  upon  three  negroes  that  had  conspired 
the  burning  of  the  town.  Both  which  judges  and  prisoners 
we  took,  and  brought  them  a-shipboard,  and  caused  the  chief 
judge  to  write  his  letter  to  the  town  to  command  all  the 
townsmen  to  avoid,  that  we  might  safely  water  there,  which 
being  done,  and  they  departed,  we  ransacked  the  town,  and 


ELIZABETHAN  SEAMEN  3*3 

in  one  house  we  found  a  pot,  of  the  quantity  of  a  bushel,  full 
of  reals  of  plate,  which  we  brought  to  our  ship.  And  here 
one  Thomas  Moon,  one  of  our  company,  took  a  Spanish 
gentlemen  as  he  was  flying  out  of  the  town,  and,  searching 
him,  he  found  a  chain  of  gold  about  him,  and  other  jewels, 
which  he  took,  and  so  let  him  go.  At  this  place  our  General, 
among  other  Spaniards,  set  ashore  his  Portuguese  pilot 
which  he  took  at  the  Islands  of  Cape  Verde  out  of  a  ship  of 
St.  Mary  Port,  of  Portugal ;  and  having  set  them  ashore  we 
departed  hence,  and  sailed  to  the  Island  of  Canno,  where  our 
General  landed,  and  brought  to  shore  his  own  ship,  and  dis- 
charged her,  mended  and  graved  her,  and  furnished  our  ship 

with  water  and  wood  sufficiently 

On  the  5th  of  June,  being  in  forty-three  degrees  towards 
the  Arctic  Pole,  we  found  the  air  so  cold,  that  our  men  being 
grievously  pinched  with  the  same,  complained  of  the  ex- 
tremity thereof,  and  the  further  we  went,  the  more  the  cold 
increased  upon  us.  Whereupon  we  thought  it  best  for  that 
time  to  seek  the  land,  and  did  so,  finding  it  not  mountainous, 
but  low  plain  land,  till  we  came  within  thirty-eight  degrees 
towards  the  line.  In  which  height  it  pleased  God  to  send  us 
into  a  fair  and  good  bay,  with  a  good  wind  to  enter  the  same. 
In  this  bay  we  anchored,  and  the  people  of  the  country  having 
their  houses  close  by  the  waterside,  shewed  themselves  unto 
us,  and  sent  a  present  to  our  General.  When  they  came  unto 
us,  they  greatly  wondered  at  the  things  that  we  brought,  but 
our  General  (according  to  his  natural  and  accustomed  hu- 
manity) courteously  entreated  them,  and  liberally  bestowed 
on  them  necessary  things  to  cover  their  nakedness,  where- 
upon they  supposed  us  to  be  gods,  and  would  not  be  pur- 
suaded  to  the  contrary :  the  presents  which  they  sent  to  our 
General,  were  feathers,  and  cauls  of  net-work.  Their  houses 
were  digged  round  about  with  earth,  and  have  from  the  utter- 
most brims  of  the  circle,  clifts  of  wood  set  upon  them,  joined 
close  together  at  the  top  like  a  spire  steeple,  which  by  reason 
of  that  closeness  are  very  warm.  Their  bed  is  the  ground 
with  rushes  strewed  on  it,  and  lying  about  the  house,  they 
have  the  fire  in  the  midst.  The  men  go  naked,  the  women 
take  bulrushes,  and  comb  them  after  the  manner  of  hemp, 
and  thereof  make  their  loose  garments,  which  being  knit 
about  their  middles,  hang  down  about  their  hips,  having  also 
about  their  shoulders  a  skin  of  deer,  with  the  hair  upon  it. 
These  women  are  very  obedient  and  serviceable  to  their 
husbands. . 


324  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Our  General  called  this  country  New  Albion,  and  that  for 
two  causes,  the  one  in  respect  of  the  white  banks  and  cliffs, 
which  lie  towards  the  sea,  and  the  other,  because  it  might 
have  some  affinity  with  our  country  in  name,  which  some- 
times was  so  called.  There  is  no  part  of  earth  here  to  be 
taken  up,  wherein  there  is  not  probable  show  of  gold  or 
silver.  .  .  . 

When  we  had  ended  our  business  here  we  weighed,  and 
set  sail  to  run  for  the  Moluccas;  but  having  at  that  time  a 
bad  wind,  and  being  amongst  the  islands,  with  much  diffi- 
culty we  recovered  to  the  northward  of  the  island  of  Celebes, 
where  by  reason  of  contrary  winds,  not  able  to  continue  our 
course  to  run  westwards,  we  were  enforced  to  alter  the  same 
to  the  southward  again,  finding  that  course  also  to  be  very 
hard  and  dangerous  for  us,  by  reason  of  infinite  shoals  which 
lie  off  and  among  the  islands ;  whereof  we  had  too  much 
trial  to  the  hazard  and  danger  to  our  ship  and  lives.  For, 
of  all  other  days,  upon  the  Qth  of  January,  in  the  year  1580, 
we  ran  suddenly  upon  a  rock,  where  we  stuck  fast  from 
eight  o'clock  at  night  till  four  o'clock  in  the  afternoon  the 
next  day,  being  indeed  out  of  all  hope  to  escape  the  danger ; 
but  our  General  as  he  had  always  hitherto  shewed  himself 
courageous,  and  of  a  good  confidence  in  the  mercy  and  pro- 
tection of  God ;  so  now  he  continued  in  the  same,  and  lest  he 
should  seem  to  perish  wilfully,  both  he  and  we  did  our  best 
endeavour  to  save  ourselves,  which  it  pleased  God  so  to  bless, 
that  in  the  end  we  cleared  ourselves  most  happily  of  the 
danger. 

We  lightened  our  ship  upon  the  rocks  of  three  tons  of 
cloves,  eight  pieces  of  ordnance,  and  certain  meal  and  beans ; 
and  then  the  wind  (as  it  were  in  a  moment  by  the  special 
grace  of  God)  changing  from  the  starboard  to  the  larboard  of 
the  ship,  we  hoisted  our  sails,  and  the  happy  gale  drove  our 
ship  off  the  rock,  into  the  sea  again,  to  the  no  little  comfort 
of  all  our  hearts,  for  which  we  gave  God  such  praise  and 
thanks,  as  so  great  a  benefit  required. 

On  the  8th  of  February  following,  we  fell  in  with  the 
fruitful  island  of  Barateue,  [Borneo]  having  in  the  mean 
time  suffered  many  dangers  by  winds  and  shoals. . . . 

At  our  departure  from  Barateue,  we  set  our  course  for 
Java  Major,  [Java]  where  arriving,  we  found  great  cour- 
tesy, and  honourable  entertainment. . . . 

Not  long  before  our  departure,  they  told  us  that  not  far 
off  there  were  such  great  ships  as  ours,  wishing  us  to  be- 


ELIZABETHAN  SEAMEN  325 

ware;  upon  this  our  captain  would  stay  no  longer.  From 
Java  Major  we  sailed  for  the  Cape  of  Good  Hope,  which 
was  the  first  land  we  fell  in  withal ;  neither  did  we  touch 
with  it,  or  any  other  land,  until  we  came  to  Sierra  Leone, 
upon  the  coast  of  Guinea;  notwithstanding  we  ran  hard 
aboard  the  Cape,  finding  the  report  of  the  Portuguese  to 
be  most  false,  who  affirm  that  it  is  the  most  dangerous  Cape 
of  the  world,  never  without  intolerable  storms  and  present 
danger  to  travellers  which  come  near  the  same.  This  Cape 
is  a  most  stately  thing,  and  the  fairest  Cape  we  saw  in  the 
whole  circumference  of  the  earth,  and  we  passed  by  it  on  the 
1 8th  of  June.  From  thence  we  continued  our  course  to 
Sierra  Leone,  on  the  coast  of  Guinea,  where  we  arrived  on 
the  22nd  of  July,  and  found  necessary  provisions,  great  store 
of  elephants,  oysters  upon  trees  of  one  kind,  spawing  and  in- 
creasing infinitely,  the  oyster  suffering  no  bud  to  grow.  We 
departed  thence  on  the  24th  day. 

We  arrived  in  England  on  the  3rd  of  November,  1580, 
being  the  third  year  of  our  departure. 

(Hakluyt,  ed.  cit.,  p.  145.) 

146.   Frobisher's  First  Voyage 

Hakluyt 

Sir  Martin  Frobisher  (1535-1594)  was  distinctively  the  navi- 
gator of  the  time  of  Elizabeth  in  whom  Columbus'  desire  to 
discover  a  short  passage  to  Cathay  found  expression.  Through 
this,  the  third  great  incentive  to  English  exploration,  he  made 
voyage  after  voyage  to  the  northern  coast  of  America.  The  ac- 
count of  George  Best,  one  of  those  who  accompanied  Frobisher 
on  his  first  voyage,  well  illustrates  the  character  of  the  expedi- 
tion, and  also  gives  us  a  view  of  the  speculative  fever  that 
burned  in  the  veins  of  Englishmen.  To  these  the  pyrites  — 
well  termed  "fools'  gold"  —  brought  back  by  Frobisher,  opened 
visions  of  treasure  surpassing  that  of  the  fabled  city  of  Manoa. 

NARRATIVE  BY  GEORGE  BEST 

Which  thing  being  well  considered,  and  familiarly  known 
to  our  general  Captain  Frobisher,  as  well  for  that  he  is 
thoroughly  furnished  of  the  knowledge  of  the  sphere  and 
all  other  skills  appertaining  to  the  art  of  navigation;  as  also 
for  the  confirmation  he  hath  of  the  same  by  many  years' 
experience  both  by  sea  and  land,  and  being  persuaded  of  a 
new  and  nearer  passage  to  Cathay  than  by  Capo  de  Buona 
Speranqa,  which  the  Portuguese  yearly  use :  he  began  first 
with  himself  to  devise,  and  then  with  his  friends  to  confer, 
and  laid  a  plain  plot  unto  them  that  that  voyage  was  not  only 


326  SOURCE-BOOK  OF  ENGLISH  HISTORY 

possible  by  the  north-west,  but  also,  he  could  prove,  easy  to 
be  performed, .  .  . 

He  prepared  two  small  barques  of  twenty  and  five-and- 
twcnty  tons  a-piece,  wherein  he  intended  to  accomplish  his 
pretended  voyage.  Wherefore,  being  furnished  with  the 
forsaid  two  barques,  and  one  small  pinnace  of  ten  tons  bur- 
den, having  therein  victuals  and  other  necessaries  for  twelve 
months'  provision,  he  departed  upon  the  said  voyage  from 
Blackwall,  on  the  I5th  of  June,  anno  domini  1576. . . . 

.  .  .  And  on  the  2Oth  of  July  he  had  sight  of  an  high  land, 
which  he  called  Queen  Elizabeth's  Foreland,  after  her  Ma- 
jesty's name.  And  sailing  more  northerly  along  that  coast, 
he  descried  another  foreland,  with  a  great  gut,  bay,  or  pas- 
sage, dividing  as  it  were  two  main  lands  or  continents  asun- 
der. There  he  met  with  store  of  exceeding  great  ice  all  this 
coast  along,  and  coveting  still  to  continue  his  course  to  the 
northwards,  was  always  by  contrary  winds  detained  over- 
thwart  these  straits,  and  could  not  get  beyond.  Within  a  few 
days  after,  he  perceived  the  ice  to  be  well  consumed  and 
gone,  either  there  engulfed  in  by  some  swift  currents  or  in- 
drafts, carried  more  to  the  southwards  of  the  same  straits, 
or  else  conveyed  some  other  way;  wherefore  he  determined 
to  make  proof  of  this  place,  to  see  how  far  that  gut  had  con- 
tinuance, and  whether  he  might  carry  himself  through  the 
same  into  some  open  sea  on  the  back-side,  whereof  he  con- 
ceived no  small  hope;  and  so  entered  the  same  on  the  2ist 
day  of  July,  and  passed  above  fifty  leagues  therein,  as  he  re- 
ported, having  upon  either  hand  a  great  main  of  con- 
tinent. . . . 

And  it  is  especially  to  be  remembered  that  at  their  first 
arrival  in  those  parts  there  lay  so  great  store  of  ice  all  the 
coast  along,  so  thick  together,  that  hardly  his  boat  could  pass 
unto  the  shore.  At  length,  after  divers  attempts,  he  com- 
manded his  company,  if  by  any  possible  means  they  could  get 
ashore,  to  bring  him  whatsoever  thing  they  could  first  find, 
whether  it  were  living  or  dead,  stock  or  stone,  in  token  of 
Christian  possession,  which  thereby  he  took  in  behalf  of 
the  Queen's  Most  Excellent  Majesty,  thinking  that  thereby 
he  might  justify  the  having  and  enjoying  of  the  same  things 
that  grew  in  these  unknown  parts. 

Some  of  his  company  brought  flowers,  some  green  grass, 
and  one  brought  a  piece  of  black  stone,  much  like  to  a  sea 
coal  in  colour,  which  by  the  weight  seemed  to  be  some  kind 
of  metal  or  mineral.  This  was  a  thing  of  no  account  in  the 


ELIZABETHAN  SEAMEN  327 

judgment  of  the  captain  at  first  sight;  and  yet  for  novelty 
it  was  kept  in  respect  of  the  place  from  whence  it  came. 

After  his  arrival  in  London,  being  demanded  of  sundry 
his  friends  what  thing  he  had  brought  them  home  out  of 
that  country,  he  had  nothing  left  to  present  them  withal  but 
a  piece  of  this  black  stone.  And  it  fortuned  a  gentlewoman, 
one  of  the  adventurers'  wives,  to  have  a  piece  thereof,  which 
by  chance  she  threw  and  burned  in  the  fire,  so  long,  that  at 
the  length  being  taken  forth  and  quenched  in  a  little  vinegar, 
it  glistered  with  a  bright  marquesite  of  gold.  Whereupon 
the  matter  being  called  in  some  question,  it  was  brought  to 
certain  gold-finers  in  London  to  make  assay  thereof,  who 
gave  out  that  it  held  gold,  and  that  very  richly  for  the  quan- 
tity. Afterwards  the  same  gold-finers  promised  great  mat- 
ters thereof  if  there  were  any  store  to  be  found  and  offered 
themselves  to  adventure  for  the  searching  of  those  parts 
from  whence  the  same  was  brought.  Some  that  had  great 
hope  of  the  matter  sought  secretly  to  have  a  lease  at  Her 
Majesty's  hands  of  those  places,  whereby  to  enjoy  the  mass 
of  so  great  a  public  profit  unto  their  own  private  gains. 

(Hakluyt,  ed.  cit.,  p.  64.) 
147.   The  Beginnings  of  American  Colonization 

Hakluyt 

In  1584  Sir  Walter  Raleigh  fitted  out  an  expedition  for  the 
purpose  of  exploration  with  a  view  to  establishing  a  colony. 
This  resulted  in  the  discovery  of  a  country  which  was  afterward 
known  as  Virginia.  The  extract  given  was  written  by  Arthur 
Barlowe,  one  of  the  captains  of  the  expedition,  and  by  him  sent 
to  Raleigh.  The  account  is  more  picturesque  than  accurate,  but 
is  interesting  as  illustrating  the  fourth  of  the  great  incentives  to 
the  sea-rovers  of  the  Elizabethan  era  —  the  incentive  of  coloniza- 
tion. 

FIRST  VOYAGE  TO  VIRGINIA 
(1584) 

The  27th  day  of  April,  in  the  year  of  our  redemption, 
1584,  we  departed  the  West  of  England,  with  two  barks 
well  furnished  with  men  and  victuals,  having  received  our 
last  and  perfect  directions  by  your  letters,  confirming  the 
former  instructions  and  commandments  delivered  by  your- 
self at  our  leaving  the  river  of  Thames.  And  I  think,  in  a 
matter  both  unneccessary,  for  the  manifest  discovery  of  the 
Country,  as  also  for  tediousness  sake,  to  remember  unto  you 
the  diurnal  of  our  course,  sailing  thither  and  returning ;  only 
I  have  presumed  to  present  unto  you  this  brief  discourse,  by 


328  SOURCE-BOOK  OF  ENGLISH  HISTORY 

which  you  may  judge  how  profitable  this  land  is  like  to 
succeed,  as  well  to  yourself  (by  whose  direction  and  charge, 
and  by  whose  servants  this  our  discourse  hath  been  per- 
formed) as  also  to  her  Highness,  and  the  Commonwealth, 
in  which  we  hope  your  wisdom  will  be  satisfied,  considering 
that  as  much  by  us  hath  been  brought  to  light,  as  by  those 
small  means,  and  number  of  men  we  had,  could  any  way 
have  been  expected,  or  hoped  for. 

The  tenth  of  May  we  arrived  at  the  Canaries,  and  the 
tenth  of  June  in  this  present  year,  we  were  fallen  with  the 
Islands  of  the  West  Indies. . . . 

The  second  of  July,  we  found  shoal  water,  where  we  smelt 
so  sweet  and  so  strong  a  smell,  as  if  we  had  been  in  the  midst 
of  some  delicate  garden  abounding  with  all  kinds  of  odorif- 
erous flowers,  by  which  we  were  assured,  that  the  land  could 
not  be  far  distant:  and  keeping  good  watch,  and  bearing 
good  slack  sail,  the  fourth  of  the  same  month  we  arrived 
upon  the  coast,  which  we  supposed  to  be  a  continent  and  firm 
land,  and  we  sailed  along  the  same  a  hundred  and  twenty 
English  miles  before  we  could  find  any  entrance,  or  river 
issuing  into  the  sea.  The  first  that  appeared  unto  us,  we 
entered,  though  not  without  some  difficulty,  and  cast  anchor 
about  three  arquebus-shot  within  the  haven's  mouth,  on  the 
left  hand  of  the  same ;  and  after  thanks  given  to  God  for 
our  safe  arrival  thither,  we  manned  our  boats,  and  went  to 
view  the  land  next  adjoining,  and  "to  take  possession  of  the 
same,  in  the  right  of  the  Queen's  most  excellent  Majesty,  as 
rightful  Queen,  and  Princess  of  the  same,  and  after  de- 
livered the  same  over  to  your  use,  according  to  her  Majesty's 
grant,  and  letters  patent,  under  her  Highness'  Great  Seal. 
Which  being  performed,  according  to  the  ceremonies  used 
in  such  enterprises,  we  viewed  the  land  about  us,  being, 
whereas  we  first  landed,  very  sandy  and  low  towards  the 
water's  side,  but  so  full  of  grapes,  as  the  very  beating  and 
surge  of  the  sea  overflowed  them. . . . 

We  passed  from  the  sea  side  towards  the  tops  of  those 
hills  next  adjoining,  being  but  of  mean  height,  and  from 
thence  we  beheld  the  sea  on  both  sides  to  the  north,  and  to 
the  south,  finding  no  end  any  of  both  ways.  This  land  lay 
stretching  itself  to  the  west,  which  after  we  found  to  be  but 
an  island  of  twenty  miles  long,  and  not  above  six  miles 
broad.  Under  the  bank  or  hill  whereon  we  stood,  we  beheld 
the  valleys  replenished  with  goodly  cedar  trees,  and  having 
discharged  our  harquebus-shot,  such  a  flock  of  cranes  (the 


ELIZABETHAN  SEAMEN  329 

most  part  white)  arose  under  us,  with  such  a  cry  redoubled 
by  many  echoes,  as  if  an  army  of  men  had  shouted  all 
together. 

The  islands  had  many  goodly  woods  full  of  deer,  conies, 
hares,  and  fowl,  even  in  the  midst  of  summer  in  incredible 
abundance.  The  woods  are  not  such  as  you  find  in  Bohe- 
mia, Moscovia,  or  Hercynia,  barren  and  fruitless,  but  the 
highest  and  reddest  of  cedars  in  the  world,  far  bettering 
the  cedars  of  the  Azores,  of  the  Indies,  or  Libanus;  pines, 
cypress,  sassafras,  the  lentiscus,  or  the  tree  that  beareth  the 
mastic,  the  tree  that  beareth  the  rinde  of  black  cinammon, 
of  which  Master  Winter  brought  from  the  Straits  of  Magel- 
lan, and  many  other  of  excellent  smell  and  quality.  We  re- 
mained by  the  side  of  the  Islands  two  whole  days  before  we 
saw  any  people  of  the  country:  the  third  day  we  espied  one 
small  boat  rowing  towards  us,  having  in  it  three  persons: 
this  boat  came  to  the  Island  side,  four  arquebus-shot  from 
our  ships,  and  there  two  of  the  people  remaining,  the  third 
came  along  the  shoreside  towards  us,  and  we  being  then  all 
within  board,  he  walked  up  and  down  upon  the  point  of  the 
land  next  unto  us :  then  the  master  and  the  pilot  of  the  Ad- 
miral, Simon  Ferdinando,  and  the  Captain  Philip  Amadas, 
myself,  and  others  rowed  to  the  land,  whose  coming  this  fel- 
low attended,  never  making  any  show  of  fear  or  doubt.  And 
after  he  had  spoken  of  many  things  not  understood  by  us, 
we  brought  him  with  his  own  good  liking,  aboard  the  ships, 
and  gave  him  a  shirt,  a  hat,  and  some  other  things,  and  made 
him  taste  of  our  wine,  and  our  meat,  which  he  liked  very 
well :  and  after  having  viewed  both  barks,  he  departed,  and 
went  to  his  own  boat  again,  which  he  had  left  in  a  little  cove 
or  creek  adjoining:  as  soon  as  he  was  two  bow  shot  into  the 
water,  he  fell  to  fishing,  and  in  less  than  half  an  hour,  he  had 
laden  his  boat  as  deep,  as  it  could  swim,  with  which  he  came 
again  to  the  point  of  land,  and  there  he  divided  his  fish  into 
two  parts,  appointing  one  part  to  the  ship,  and  the  other  to 
the  pinnace:  which,  after  he  had  (as  much  as  he  might) 
requited  the  former  benefits  received,  departed  out  of  our 
sight. 

The  next  day  there  came  unto  us  divers  boats,  and  in  one 
of  them  the  King's  brother,  accompanied  with  forty  or  fifty 
men,  very  handsome  and  goodly  people,  and  in  their  be- 
havior as  mannerly  and  civil  as  any  in  Europe.  His  name 
was  Granganimeo,  and  the  king  is  called  Wingina,  the  coun- 
try Wingandacoa,  and  now  by  her  Majesty  Virginia. . . . 


330  SOURCE-BOOK  OF  ENGLISH  HISTORY 

The  soil  is  very  plentiful,  sweet,  fruitful  and  wholesome  of 
all  the  world:  there  are  about  fourteen  several  sweet  smell- 
ing timber  trees,  and  most  part  of  their  underwoods  are 
bays,  and  such  like:  They  have  those  oaks  that  we  have, 
but  far  greater  and  better.  After  they  had  been  divers  times 
aboard  our  ships,  myself,  with  seven  more  went  twenty  mile 
into  the  river,  that  runneth  toward  the  city  of  Skicoak, 
which  river  they  call  Occam :  and  the  evening  following,  we 
came  to  an  island,  which  they  call  Roanoak,  distant  from 
the  harbor  by  which  we  entered,  seven  leagues:  and  at  the 
north  end  thereof  there  was  a  village  of  nine  houses,  built 
of  cedar,  and  fortified  round  about  with  sharp  trees,  to  keep 
out  their  enemies,  and  the  entrance  into  it  made  like  a  turn- 
pike very  artifically. .  . . 

Beyond  this  island  there  is  the  main  land,  and  over  against 
this  island  falleth  into  this  spacious  water,  the  great  river 
called  Occam  by  the  inhabitants,  on  which  stancleth  a  town 
called  Pomeiock,  and  six  days  journey  from  the  same  is 
situated  their  greatest  city,  called  Skicoak,  which  this  people 
affirm  to  be  very  great :  but  the  savages  were  never  at  it; 
only  they  speak  of  it  by  the  report  of  their  fathers  and  other 
men,  whom  they  have  heard  affirm  it  to  be  about  one  hour's 
journey  about. 

Into  this  river  falleth  another  great  river,  called  Cipo,  in 
which  there  is  found  great  store  of  muscles  in  which  there 
are  pearls :  likewise  there  descendeth  into  this  Occam,  another 
river,  called  Nomopana. . . . 

Towards  the  Southwest,  four  day's  journey  is  situated  a 
town  called  Sequotan,  which  is  the  southermost  town  of 
Wingandacoa,  near  unto  which,  six  and  twenty  years  past, 
there  was  a  ship  cast  away,  whereof  some  of  the  people  were 
saved,  and  those  were  white  people,  whom  the  country  people 
preserved . . .  other  than  these,  there  was  never  any  people 
apparelled,  or  white  of  colour,  either  seen,  or  heard  of 
amongst  these  people,  and  these  aforesaid  were  seen  only 
by  the  inhabitants  of  Secotan,  which  appeared  to  be  very 
true,  for  they  wondered  marvelously  when  we  were  amongst 
them  at  the  whiteness  of  our  skins,  ever  coveting  to  touch 
our  breasts,  and  to  view  the  same.  Besides  they  had  our 
ships  in  marvelous  admiration  and  all  things  else  were  so 
strange  unto  them,  as  it  appeared  that  none  of  them  had 
ever  seen  the  like.  When  we  discharged  any  piece,  were  it 
but  an  arquebus,  they  would  tremble  thereat  for  very  fear, 
and  for  the  strangeness  of  the  same:  for  the  weapons  which 


ELIZABETHAN  SEAMEN  331 

themselves  use  are  bows  and  arrows:  the  arrows  are  but  of 
small  canes,  headed  with  a  sharp  shell  or  tooth  of  a  fish 
sufficient  enough  to  kill  a  naked  man.  Their  swords  be  of 
wood  hardened :  likewise  they  use  wooden  breastplates  for 
their  defence.  They  have  beside  a  kind  of  club,  in  the  end 
whereof  they  fasten  the  sharp  horns  of  a  stag,  or  other 
beast.  When  they  go  to  wars  they  carry  about  with  them 
their  idol,  of  whom  they  ask  counsel,  as  the  Romans  were 
wont  of  the  oracle  of  Apollo.  They  sing  songs  as  they 
march  towards  the  battle  instead  of  drums  and  trumpets: 
their  wars  are  very  cruel  and  bloody,  by  reason  whereof  and 
of  their  civil  dissensions  which  have  happened  of  late  years 
amongst  them,  the  people  are  marvelously  wasted,  and  in 
some  places  the  country  left  desolate 

Beyond  this  island  called  Roanoak,  are  main  islands  very 
plentiful  of  fruits  and  other  natural  increases,  together  with 
many  towns,  and  villages,  along  the  side  of  the  continent, 
some  bounding  upon  the  islands,  and  some  stretching  up 
further  into  the  land. . . . 

Thus  Sir,  we  have  acquainted  you  with  the  particulars 
of  our  discovery  made  this  present  voyage,  as  far  forth  as 
the  shortness  of  the  time  we  were  continued  would  afford 
us  to  take  views  of:  and  so  contenting  ourselves  with  this 
service  at  this  time,  which  we  hope  hereafter  to  enlarge,  as 
occasion  and  assistance  shall  be  given,  we  resolved  to  leave 
the  country,  and  to  apply  ourselves  to  return  for  England, 
which  we  did  accordingly,  and  arrived  safely  in  the  west  of 
England  about  the  middle  of  September. 

(Ed.  from  Hakluyt,  The  Principal  Navigations,  etc.,  Lond.,  1598-1600.) 


PART  VI 

THE  STRUGGLE  FOR  CONSTITU- 
TIONAL GOVERNMENT 

(1603-1688) 


333 


CHAPTER    XX 

THE    REIGN   OF   JAMES   I. 
148.    Coronation  Oath  of  James  I. 

Tanner  MSS. 

The  following  oath  should  be  compared  with  that  taken  by 
Edward  II.,  four  centuries  earlier  (No.  89).  In  that  space  of 
four  centuries,  with  all  the  tremendous  changes  in  ecclesias- 
tical organization,  the  coronation  oaths  of  the  sove'reigns  of  Eng- 
land altered  but  little ;  yet  in  comparing  those  instanced,  we  find 
sufficient  difference  to  indicate  that  the  king  had  taken  the  place 
which  the  Pope  once  held,  and  that  the  Church  of  the  State  was 
no  longer  the  child  of  Rome. 

Archbishop.  Sir,  will  you  grant  and  keep  and  by  your  oath 
confirm  to  your  people  of  England  the  laws  and  customs  to 
them  granted  by  the'  kings  of  England  your  lawful  and  re- 
ligious predecessors ;  and  namely  the  laws,  customs  and 
franchises  granted  to  clergy  and  to  the  people  by  the  glorious 
king,  St.  Edward,  your  predecessor,  according  and  con- 
formable to  the  laws  of  God  and  true  profession  of  the 
gospel  established  in  this  kingdom,  and  agreeing  to  the 
prerogatives  of  the  kings  thereof  and  to  the  ancient  customs 
of  this  realm  ? 

King.  I  grant  and  promise  to  keep  them. 

A.  Will  you  keep  peace  and  agreement  entirely,  according 
to  your  power,  both  to  God,  the  holy  church,  the  clergy  and 
the  people  ? 

K.  I   will   keep   it. 

A.  Will  you  to  your  power  cause  law,  justice  and  discre- 
tion in  mercy  and  truth  to  be  executed  in  all  your  judg- 
ments ? 

K.  I  will. 

A.  Sir,  will  you  grant  to  hold  and  keep  the  laws  and  right- 
ful customs  which  the  commonalty  of  your  kingdom  ha\ne, 
and  to  defend  and  uphold  them  to  the  honour  of  God,  so 
much  as  in  you  lieth? 

K.  I  grant  and  promise  so  to  do. 

335 


336  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Sequitur   admonitio   episcoporum,   etc. 

Our  lord  and  king,  we  beseech  you  to  grant  and  preserve 
unto  us  and  every  one  of  us  and  the  churches  committed  to 
our  charge  all  canonical  privileges  and  due  law  and  justice, 
and  that  you  would  protect  and  defend  us  as  every  good 
king  in  his  kingdom  ought  to  be  a  protector  and  defender 
of  the  bishops  and  churches  under  their  government. 

K.  With  a  willing  and  devout  heart  I  promise  and  grant 
that  I  will  preserve  and  maintain  to  you  and  every  of  you 
and  the  churches  committed  to  your  charge  all  canonical 
privileges  and  due  law  and  justice,  and  that  I  will  be  your 
protector  and  defender  to  my  power  by  the  assistance  of  God, 
as  every  good  king  in  his  kingdom  ought  to  protect  and  de- 
fend the  bishops  and  churches  under  their  government. 

(Statutes  and  Constitutional  Documents,  Prothero,  Oxford,  1894,  p.  391.) 


149.    The  Crown  above  the  Courts 

James  I. 

The  cause  of  the  ruin  of  the  Stuart  dynasty  may  be  read  in 
the  political  works  of  the  first  English  king  of  that  house.  In 
the  mind  of  James  I.  the  doctrine  of  the  divine  right  of  kings 
and  of  the  absolute  power  of  the  sovereign  were  firmly  fixed. 
These  theories  were  expressed  by  the  acts  as  well  as  the  words 
of  the  first  Stuart.  In  the  speech  which  he  made  in  the  Star 
Chamber  on  June  20,  1601,  the  subordination  of  the  judicial 
power  to  that  of  the  Crown  is  stated  clearly  and  positively. 

...  I  am  next  to  come  to  the  limits  wherein  you  are  to 
bound  yourselves,  which  likewise  are  three.  First,  encroach 
not  upon  the  prerogative  of  the  crown:  if  there  falls  out  a 
question  that  concerns  my  prerogative  or  mystery  of  state, 
deal  not  with  it,  till  you  consult  with  the  king  or  his  council, 
or  both ;  for  they  are  transcendent  matters  and  must  not  be 
deliberately  carried  out  with  over-rash  wilfulness. . . .  That 
which  concerns  the  mystery  of  the  king's  power  is  not  lawful 
to  be  disputed ;  for  that  is  to  wade  into  the  weakness  of 
princes,  and  to  take  away  the  mystical  reverence  that  be- 
longs unto  them  that  sit  on  the  throne  of  God. 

Secondly,  that  you  keep  yourselves  within  your  own 
benches,  not  to  invade  other  jurisdictions,  which  is  unfit  and 
an  unlawful  thing.  Keep  you  therefore  all  in  your  own 
bounds,  and  for  my  part,  I  desire  you  to  give  me  no  more 
right,  in  my  private  prerogative,  than  you  give  any  subject, 
and  therein  I  will  be  acquiescent:  as  for  the  absolute  prerog- 


THE  REIGN  OF  JAMES  I.  337 

ative  of  the  crown,  that  is  no  subject  for  the  tongue  of  a 
lawyer,  nor  is  lawful  to  be  disputed. 

It  is  atheism  and  blasphemy  to  dispute  what  God  can  do : 
good  Christians  content  themselves  with  his  will  revealed  in 
his  word,  so  it  is  presumption  and  high  contempt  in  a  subject 
to  dispute  what  a  king  can  do,  or  say  that  a  king  cannot  do 
this  or  that;  but  rest  in  that  which  is  the  king's  revealed  will 
in  his  law. 

(Works  of  James  /.,  Lond.,  1616,  p.  556.) 

150.   The  King  is  above  the  Law 

James  I. 

James  I.  from  the  first  day  of  his  reign  disclaimed  the  power 
of  Parliament  to  control  the  will  of  the  sovereign.  He  claimed 
the  power  to  make,  amend  or  alter  laws  as  well  as  the  right  to 
abrogate  them.  The  dispensing  and  suspending  power  was  af- 
firmed in  its  most  arbitrary  form.  The  following  selection  aptly 
illustrates  the  Stuart  theory  of  the  royal  prerogative. 

According  to  these  fundamental  laws  already  alleged,  we 
daily  see  that  in  the  parliament  (which  is  nothing  else  but 
the  head  court  of  the  king  and  his  vassals)  the  laws  are 
but  craved  by  his  subjects,  and  only  made  by  him  at  their 
rogation  and  with  their  advice :  for  albeit  the  king  make 
daily  statutes  and  ordinances,  enjoining  such  pains  thereto 
as  he  thinks  meet,  without  any  advice  of  parliament  or 
estates,  yet  it  lies  in  the  power  of  no  parliament  to  make  any 
kind  of  law  or  statute,  without  his  sceptre  be  to  it,  for  giving 
it  the  force  of  a  law . . .  And  as  ye  see  it  manifest  that  the 
king  is  over-lord  of  the  whole  land,  so  is  he  master  over 
every  person  that  inhabiteth  the  same,  having  power  over  the 
life  and  death  of  every  one  of  them:  for  although  a  just 
prince  will  not  take  the  life  of  any  of  his  subjects  without 
a  clear  law,  yet  the  same  laws  whereby  he  taketh  them  are 
made  by  himself  or  his  predecessors ;  and  so  the  power  flows 
always  from  himself ;  as  by  daily  experience  we  see  good  and 
just  princes  will  from  time  to  time  make  new  laws  and 
statutes,  adjoining  the  penalties  to  the  breakers  thereof,  which 
before  the  law  was  made  had  been  no  crime  to  the  subject  to 
have  committed  . . .  And  where  he  sees  the  law  doubtsome  or 
rigorous,  he  may  interpret  or  mitigate  the  same,  lest  other- 
wise summum  jus  be  summa  injuria:  and  therefore  general 
laws  made  publicly  in  parliament  may  upon  known  respects 
to  the  king  by  his  authority  be  mitigated  and  suspended  upon 
causes  only  known  to  him. 

As  likewise,  although  I  have  said  a  good  king  will  frame 


338  SOURCE-BOOK  OF  ENGLISH  HISTORY 

all  his  actions  to  be  according  to  the  law,  yet  is  he  not  bound 
thereto  but  of  his  good  will,  and  for  good  example-giving 
to  his  subjects  ...  So  as  I  have  already  said,  a  good  king, 
though  he  be  above  the  law,  will  subject  and  frame  his  ac- 
tions thereto,  for  example's  sake  to  his  subjects,  and  of  his 
own  free  will,  but  not  as  subject  or  bound  thereto. . . . 

(Law  of  Free  Monarchies  in  Works  of  James  I.,  p.  202,  ed.  cit.) 

151.   The  Millenary  Petition 

(1603) 

Church  History,  Fuller 

While  James  I.  was  journeying  to  London  to  take  his  place 
on  the  English  throne,  the  Puritan  clergy  presented  to  him  the 
paper  known  to  us  as  the  Millenary  Petition.  This  document 
received  its  name  from  the  number  of  signatures  supposed  to 
be  attached  thereto,  although  it  is  doubtful  if  it  was  signed  at 
all.  The  petition  prayed  for  "a  reformation  in  the  church  ser- 
vice, ministry,  livings,  and  discipline."  The  petition  led  to  the 
Hampton  Court  Conference,  in  which  James  declared  his  ad- 
herence to  the  Episcopal  form  of  church  government  as  carried 
out  by  the  Anglican  Church. 

THE  HUMBLE  PETITION  OF  THE  MINISTERS  OF  THE  CHURCH 
OF  ENGLAND  DESIRING  REFORMATION  OF  CERTAIN  CER- 
EMONIES AND  ABUSES  OF  THE  CHURCH 

To  the  most  Christian  and  excellent  prince,  our  gracious 
and  dread  Sovereign,  James,  by  the  grace  of  God,  etc.,  we, 
the  ministers  of  the  Church  of  England  that  desire  reforma- 
tion, wish  a  long,  prosperous  and  happy  reign  over  us  in  this 
life,  and  in  the  next  everlasting  salvation. 

Most  gracious  and  dread  Sovereign,  seeing  it  hath  pleased 
the  Divine  Majesty,  to  the  great  comfort  of  all  good  Chris- 
tians, to  advance  your  Highness,  according  to  your  just  title, 
to  the  peaceable  government  of  this  church  and  common- 
wealth of  England,  we,  the  ministers  of  the  gospel  in  this 
land,  neither  as  factious  men  affecting  a  popular  parity  in 
the  church  nor  as  schismatics  aiming  at  the  dissolution  of 
the  state  ecclesiastical,  but  as  the  faithful  servants  of  Christ 
and  loyal  subjects  to  your  Majesty,  desiring  and  longing  for 
the  redress  of  divers  abuses  of  the  church,  could  do  no  less 
in  our  obedience  to  God,  service  to  your  Majesty,  love  to  his 
church,  than  acquaint  your  princely  Majesty  with  our  par- 
ticular griefs.  For,  as  your  princely  pen  writeth,  "  The  King 
as  a  good  physician  must  first  know  what  peccant  humours 
his  patient  naturally  is  most  subject  unto  before  he  can  begin 


THE  REIGN  OF  JAMES  I.  339 

his  cure.  And  although  divers  of  us  that  sue  for  reforma- 
tion have  formerly  in  respect  of  the  times  subscribed  to  the 
book,  some  upon  protestation,  some  upon  exposition  given 
them,  some  with  condition,  rather  than  the  church  should 
have  been  deprived  of  their  labour  and  ministry,  yet  now  we, 
to  the  number  of  more  than  a  thousand  of  your  Majesty's 
subjects  and  ministers,  all  groaning  as  under  a  common 
burthen  of  human  rites  and  ceremonies,  do  with  one  joint 
consent  humble  ourselves  at  your  Majesty's  feet,  to  be  eased 
and  relieved  in  this  behalf.  Our  humble  suit  then  unto  your 
Majesty  is,  that  [of]  these  offences  following,  some  may  be 
removed,  some  amended,  some  qualified: 

I.  In  the  church  service:  —  That  the  cross  in  baptism,  in- 
terrogatories ministered  to  infants,  confirmation,  as  super- 
fluous, may  be  taken  away.     Baptism  not  to  be  ministered 
by  women,   and  so  explained.      The  cap  and   surplice  not 
urged.     That   examination   may  go  before   the   communion. 
That  it  be  ministered  with  a  sermon.     That  divers  terms  of 
priests  and  absolution  and  some  other  used,  with  the  ring  in 
marriage,  and  other  such  like  in  the  book  may  be  corrected. 
The  longsomeness  of  service  abridged.     Church  songs,  and 
music  moderated  to  better  edification.    That  the  Lord's  day 
be  not  profaned :  the  rest  upon  holy-days  not  so  strictly  urged. 
That  there  may  be  an  uniformity  of  doctrine  prescribed.    No 
popish  opinion  to  be  any  more  taught  or  defended :  no  minis- 
ters charged  to  teach  their  people  to  bow  at  the  name  of 
Jesus.      That  the  canonical  scriptures  only  be  read  in  the 
church. 

II.  Concerning  church  ministers:  —  That  none  hereafter 
be  admitted  into  the  ministry  but  able  and  sufficient  men,  and 
those  to  preach   diligently,   and  especially   upon   the   Lord's 
day.      That  such  as  be  already  entered  and  cannot  preach 
may  either  be  removed  and  some  charitable  course  taken  with 
them  for  their  relief,  or  else  to  be  forced,  according  to  the 
value   of   their   livings,   to   maintain   preachers.     That   non- 
residency  be  not  permitted.      That  King  Edward's  statute 
for  the  lawfulness  of  ministers'  marriage  be  revived.     That 
ministers   be   not   urged  to   subscribe   but   according  to   the 
law  to  the  Articles  of  Religion  and  the  King's  supremacy 
only. 

III.  For  church  living  and  maintenance:  —  That  bishops 
leave  their  commendams,  some  holding  prebends,  some  par- 
sonages, some  vicarages,  with  their  bishoprics.    That  double- 
beneficed  men  be  not  suffered  to  hold  some  two,  some  three 


340  SOURCE-BOOK  OF  ENGLISH  HISTORY 

benefices  with  cure,  and  some  two,  three  or  four  dignities 
besides.  That  impropriations  annexed  to  bishoprics  and  col- 
leges be  demised  only  to  the  preachers  —  incumbents  for  the 
old  rent.  That  the  impropriations  of  layman's  fees  may  be 
charged  with  a  sixth  or  seventh  part  of  the  worth,  to  the 
maintenance  of  the  preaching  minister. 

IV.  For  church  discipline:  —  That  the  discipline  and  ex- 
communication may  be  administered  according  to  Christ's 
own  institution,  or  at  least  that  enormities  may  be  redressed; 
as,  namely,  that  excommunication  come  not  forth  under  the 
name  of  lay  persons,  chancellors,  officials,  etc.  That  men 
be  not  excommunicated  for  trifles  and  twelve-penny  mat- 
ters; that  none  be  excommunicated  without  consent  of  his 
pastor.  That  the  officers  be  not  suffered  to  extort  un- 
reasonable fees.  That  none  having  jurisdiction  or  registers' 
places  put  out  the  same  to  farm.  That  divers  popish  canons 
(as  for  restraint  of  marriage  at  certain  times)  be  reversed. 
That  the  longsomeness  of  suits  in  ecclesiastical  courts, 
which  hang  sometimes  two,  three,  four,  five,  six  or  seven 
years,  may  be  restrained.  That  the  oath  ex  officio,  whereby 
men  are  forced  to  accuse  themselves,  be  more  sparingly  used. 
That  licences  for  marriage  without  banns  asked  be  more 
cautiously  granted. 

These,  with  such  other  abuses  yet  remaining  and  practised 
in  the  Church  of  England,  we  are  able  to  show  not  to  be 
agreeable  to  the  Scriptures,  if  it  shall  please  your  Highness 
further  to  hear  us,  or  more  at  large  by  writing  to  be  in- 
formed, or  by  conference  among  the  learned  to  be  resolved. 
And  yet  we  doubt  not  but  that  without  any  further  process 
your  Majesty  of  whose  Christian  judgment  we  have  re- 
ceived so  good  a  taste  already  is  able  of  yourself  to 
judge  of  the  equity  of  this  cause.  God,  we  trust,  hath 
appointed  your  Highness  our  physician  to  heal  these  dis- 
eases. And  we  say  with  Mordecai  to  Hester,  "Who  knoweth 
whether  you  are  come  to  the  kingdom  for  such  a  time?" 
Thus  your  Majesty  shall  do  that  which  we  are  persuaded 
shall  be  acceptable  to  God,  honourable  to  your  Majesty  in  all 
succeeding  ages,  profitable  to  his  church,  which  shall  be 
thereby  increased,  comfortable  to  your  ministers,  who  shall 
be  no  more  suspended,  silenced,  disgraced,  imprisoned  for 
men's  traditions,  and  prejudicial  to  none  but  to  those  that 
seek  their  own  quiet,  credit  and  profit  in  the  world.  Thus 
with  all  dutiful  submission  referring  ourselves  to  your  Ma- 
jesty's pleasure  for  your  gracious  answer  as  God  shall  direct 


THE  REIGN  OF  JAMES  I.  34' 

you,  we  most  humbly  recommend  your  Highness  to  the 
Divine  Majesty,  whom  we  beseech  for  Christ  his  sake  to 
dispose  your  royal  heart  to  do  herein  what  shall  be  to  his 
glory,  the  good  of  his  church,  and  your  endless  comfort. 

Your  Majesty's  most  humble  subjects,  the  ministers  of  the 
gospel,  that  desire,  not  a  disorderly  innovation,  but  a  due  and 
godly  reformation. 

(The  Chvrch  History  of  Britain, from  the  Birth  of  Jesus  Christ  until  the 
year  162?.  ed.  T.  Fuller,  3rd  Ed.,  Lond.  1842,  vol.  Ill,  p.i93.) 

152.   Levying  a  Feudal  Aid 

(1612) 

Fcedera,  Rymer 

Even  in  the  seventeenth  century,  the  feudal  dues  continued  to 
be  an  important  source  of  the  royal  revenue,  and  so  continued 
until  abolished  in  1660  by  the  statute  of  12  Car.  II,  c.  24.  The 
directions,  given  below,  for  the  levying  of  an  aid  in  1612  should 
be  compared  with  those  given  in  the  reign  of  Richard  I.  (No. 
65.) 

Whereas  our  eldest  daughter  Elizabeth  hath  long  since  ac- 
complished the  age  of  seven  years,  by  reason  whereof  there  is 
due.  unto  us  by  the  laws  and  statutes  of  this  our  realm  of 
England  reasonable  aid  to  be  had  and  levied  of  all  our  im- 
mediate tenants  by  knight's  service  and  in  soccage  for  her 
marriage :  These  are  therefore  to  will  and  require  you  our 
Chancellor  to  cause  to  be  made  and  sealed  under  our  great 
seal  of  England  as  well  several  commissions  to  be  directed 
unto  all  the  counties  of  this  our  said  realm  according  to  the 
form  of  a  draught  of  a  commission  for  that  purpose  to  these 
presents  annexed,  as  also  several  commissions  for  the  Cinque 
Ports  and  for  compounding  with  all  the  Lords  spiritual  and 
temporal  of  this  our  realm  and  with  the  masters . . .  and 
other  the  heads  of  houses,  halls  and  colleges  of  our  Uni- 
versities of  Oxford  and  Cambridge,  according  to  several 
draughts  hereunto  likewise  annexed,  changing  such  things 
therein  as  are  to  be  changed,  and  to  direct  them  to  such  com- 
missioners as  you  with  the  Lord  Privy  Seal  and  our  Chan- 
cellor of  our  Exchequer  shall  name  and  appoint,  returnable 
at  the  days  of  the  several  draughts  prefixed,  and  the  same 
several  commissions  to  renew  to  the  same  commissioners  or 
any  others  according  to  your  directions  as  often  as  need 
shall  require,  and  also  to  name  and  choose  any  two  of  the 
said  commissioners  in  every  county  respectively  to  be  col- 
lectors for  the  same  aid;  and  these  shall  be  your  sufficient 
warrant  in  that  behalf. 


342  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Given  under  our  signet  at  Woodstock  the  3Oth  day  of 
August  in  the  loth  year  of  our  reign  of  England,  France  and 
Ireland,  and  of  Scotland  the  six  and  fortieth. 

Per  ipsum  Kegem 
(Fcedera,  Rymer,  vol.  XVI,  p.  724.) 

153.   Benevolences 

(1622) 

Ruskworth' 's  Collections 
Cardwell  Documents 

Edward  IV.,  in  1473,  was  the  first  king  to  mask  the  forced 
loans  exacted  by  several  of  his  predecessors  and  successors  as 
"Benevolences."  After  his  time,  though  the  kings  continued  to 
extort  loans,  or  more  properly  tribute,  from  their  subjects  with- 
out legal  warrant,  the  extortions  were  to  be  "free  gifts."  The 
practice  was  declared  illegal  by  Richard  II.  in  the  first  year  of 
his  reign,  yet  in  the  second  it  was  made  use  of.  The  extortion 
of  Benevolences  was  practised  by  the  Tudors,  and  under  the 
Stuarts  it  became  a  crying  abuse,  which  the  express  prohibition 
contained  in  the  Petition  of  Right  did  not  overcome,  for  in  1661 
a  limited  Benevolence  was  authorized  by  Parliament.  To  this, 
however,  was  attached  the  condition  that  in  future  the  exaction 
of  these  Benevolences  was  to  be  under  the  absolute  control  of 
Parliament  instead  of  the  king.  The  following  letters  are  ex- 
tremely illuminating:  (A)  the  form  that  was  sent  to  the  Jus- 
tices of  the  Courts  at  Westminster  and  to  the  Barons  of  the 
Exchequer  as  well  as  to  civil  officials  was  with  the  addition  of 
(B)  sent  by  the  Archbishop  of  Canterbury  and  the  greater  ec- 
clesiastics generally  on  receipt  of  letters  from  the  king  requir- 
ing contributions  from  ecclesiastics. 

(A)  . . .  What  endeavours  his  Majesty  hath  used  by  treaty 
and  by  all  fair  and  amiable  ways  to  recover  the  patrimony  of 
his  children  in  Germany,  now  for  the  most  part  withholden 
from  them  by  force,  is  not  unknown  to  all  his  loving  subjects, 
since  his  Majesty  was  pleased  to  communicate  to  them  in 
Parliament  his  whole  proceedings  in  that  business :  of  which 
treaty,  being  of  late  frustrate,  he  was  enforced  to  take  other 
resolutions,  namely,  to  recover  that  by  the  sword  which  by 
other  means  he  saw  no  likelihood  to  compass.  For  which 
purpose  it  was  expected  by  his  Majesty  that  his  people  in 
Parliament  would  (in  a  cause  so  nearly  concerning  his  and 
his  children's  interest)  have  cheerfully  contributed  there- 
unto. But  the  same  unfortunately  failing,  his  Majesty  is 
constrained,  in  a  case  of  so  great  necessity,  to  try  the  dutiful 
affections  of  his  loving  subjects  in  another  way,  as  his  pre- 
decessors have  done  in  former  times,  by  propounding  unto 
them  a  voluntary  contribution.  And  therefore,  as  yourselves 
have  already  given  a  liberal  and  worthy  example  (which  his 
Majesty  doth  take  in  very  gracious  part),  so  his  pleasure  is, 


THE  REIGN  OF  JAMES  I.  343 

and  we  do  accordingly  hereby  authorize  and  require  your 
lordships,  as  well  to  countenance  and  assist  the  service  by 
your  best  means,  in  your  next  circuits,  in  the  several  counties 
where  you  hold  general  assizes,  as  also  now  presently  with 
all  convenient  expedition  to  call  before  you  all  the  officers 
and  attorneys  belonging  to  any  his  Majesty's  courts  of  jus- 
tice, and  also  all  such  others  of  the  houses  and  societies  of 
court  or  that  otherwise  have  dependence  upon  the  law,  as  are 
meet  to  be  treated  withal  in  this  kind  and  have  not  already 
contributed;  and  to  move  them  to  join  willingly  in  this  con- 
tribution in  some  good  measure,  answerable  to  that  your- 
selves and  others  have  done  before  us,  according  to  their 
means  and  fortunes;  wherein  his  Majesty  doubteth  not,  but 
beside  the  interest  of  his  children  and  his  own  crown  and 
dignity,  the  religion  professed  by  his  Majesty  and  happily 
flourishing  under  him  within  this  kingdom  (having  a  great 
part  in  the  success  of  this  business)  will  be  a  special  motive 
to  incite  and  persuade  them  thereunto.  Nevertheless,  if  any 
person  shall,  out  of  obstinacy  or  disaffection,  refuse  to  con- 
tribute herein  proportionably  to  their  estates  and  means,  you 
are  to  certify  their  names  unto  this  board. 

And  so  recommending  this  service  to  your  best  care  and 
endeavour,  and  praying  you  to  return  unto  us  notes  of  the 
names  of  such  as  shall  contribute  and  of  the  sums  offered  by 
them,  we  bid  [etc.]. 

{Historical  Collections  of  Private  Passages  of  State,  etc., 
ed.  J.  Rushworth,  1682,  I,  p.  60.) 

(B)  ...  Your  Lordship  by  these  letters  may  see  how  far  it 
concerneth  his  Majesty  in  honour  and  the  realm  in  safety, 
that  the  patrimony  of  the  King's  children  should  be  recovered 
again  by  force  of  war,  since  it  cannot  be  obtained  by  treaty. 
. . .  We  therefore,  who  upon  the  receipt  of  these  his  Majesty's 
letters  have  met  together  and  duly  considered  what  was  most 
convenient  to  be  done,  have  resolved  that  T,S.  lod.  in  the 
pound  is  as  little  as  we  can  possibly  offer  towards  so  great 
an  enterprise,  yet  hoping  that  such  as  be  of  ability  will  ex- 
ceed the  same.  You  shall  therefore  do  well  by  all  forcible 
reason,  drawn  from  the  defence  of  religion  and  justice,  to 
incite  all  your  clergy ...  as  also  the  lecturers  and  licensed 
schoolmasters  within  your  diocese,  that  with  all  readiness 
they  do  contribute  towards  this  noble  action.  And  whereas 
there  be  divers  commendataries,  dignitaries,  prebendaries 
and  double-beneficed  men  that  have  livings  in  several  dioce- 


344  SOURCE-BOOK  OF  ENGLISH  HISTORY 

ses,  we  hold  it  fit  that  for  every  one  of  these  within  your 
Lordship's  diocese  the  contribution  be  rateable,  so  that  the 
monies  in  such  sort  to  be  given  may  be  brought  to  London  by 
the  loth  day  of  March  next,  to  be  delivered  to  the  hands  of 
such  receivers  as  for  that  purpose  shall  be  appointed.  And 
to  the  end  that  true  notice  may  be  taken  of  such  as  are  best 
disposed  to  this  so  good  a  service,  we  expect  that  your 
Lordship  send  up  to  the  Archbishop  of  Canterbury  the  sev- 
eral sums  and  names  of  all  those  who  contribute ;  and  lastly 

that  you   cause  the  preachers  within  your  diocese   in  a 

grave  and  discreet  fashion  to  excite  the  people  that,  when 
occasion  shall  serve,  they  do  extend  their  liberalities  to  so 
Christian  and  worthy  an  enterprise :  Wherein  not  doubting 
but  your  lordship  will  use  all  your  best,  prudent,  and  most 
careful  endeavours,  we  leave  you  to  the  Almighty.  From 
Lambeth,  21.  Januarii  MDCXXI.  Juxta  etc. 

G.  Cant. 

Jo.  Lincoln,  C.S. 
[and  twelve  other  bishops]. 

(Cardwell,  Docum,  Annals,  Oxford,  1844,  vol.  II,  p.  196.) 

154.  James  I.  and  the  Commons 

Parliamentary  History 

The  policy  of  James  I.  was  the  reverse  of  conciliatory  in  the 
contest  with  Parliament  upon  its  constitutional  rights.  The 
Commons'  side  of  the  question  is  set  forth  in  the  protest  re- 
corded on  December  18,  the  day  of  the  forced  adjournment,  in 
the  Journal  Book.  The  King  struck  out  the  record  with  his 
own  hand,  and  the  memorial  which  is  given  by  the  historian 
shows  the  royal  opinion  on  the  matter  immediately  in  question, 
as  well  as  hinting  James'  general  conceptions  of  constitutional 
rule.  The  incident  forms  a  fitting  introduction  to  the  stormy 
rule  of  Charles  I. 

The  Commons  now  assembled  in  Parliament,  being  justly 
occasioned  thereunto  concerning  sundry  Liberties,  Fran- 
chises, and  Privileges  of  Parliament,  amongst  others  here 
mentioned,  do  make  this  Protestation  following,  That  the  Lib- 
erties, Franchises,  Privileges,  and  Jurisdictions  of  Parliament, 
are  the  ancient  and  undoubted  Birth-right  and  Inheritance 
of  the  Subjects  of  England;  and  that  the  arduous  and  urgent 
Affairs  concerning  the  King,  State,  and  Defence  of  the 
Realm,  and  of  the  Church  of  England;  and  the  Maintenance 
and  Making  of  Laws,  and  Redress  of  Mischiefs  and  Griev- 
ances which  daily  happen  within  this  Realm,  are  proper 
Subjects  and  Matter  of  Counsel  and  Debate  in  Parliament; 


THE  REIGN  OF  JAMES  I.  345 

and  that  in  the  handling  and  proceeding  of  those  Businesses, 
every  Member  of  the  House  of  Parliament  hath,  and  of 
Right,  ought  to  have  Freedom  of  Speech,  to  propound,  treat, 
reason,  and  bring  to  Conclusion  the  same :  And  that  the 
Commons  in  Parliament  have  like  Liberty  and  Freedom  to 
treat  of  these  Matters  in  such  Order,  as  in  their  Judgments 
shall  seem  fittest :  And  that  every  Member  of  the  said  House 
hath  like  Freedom  from  all  Impeachment,  Imprisonment,  and 
Molestation  (other  than  by  Censure  of  the  House  itself)  for 
or  concerning  any  speaking,  reasoning,  or  declaring  any 
Matter  or  Matters  touching  the  Parliament,  or  Parliament- 
Business:  And  that  if  any  of  the  said  Members  be  com- 
plained of,  and  questioned  for  any  thing  done  or  said  in 
Parliament,  the  same  is  to  be  shewed  to  the  King  by  the 
Advice  and  Assent  of  all  the  Commons  assembled  in  Par- 
liament, before  the  King  give  Credence  to  any  private  In- 
formation. 

This  Protestation  was  made  and  recorded  in  the  Journal- 
Book  of  the  Commons,  December  the  i8th,  the  Day  of  Ad- 
journment. But  how  the  King  took  it,  will  best  appear,  by 
his  sending  for  the  Journal-Book  of  the  Commons,  in  Council, 
and  striking  out  the  Protestation  with  his  own  hand;  and  by 
the  following  Memorial,  which  was  published  soon  after,  as 
is  seen  by  the  Date  of  it ... 

Whitehall,  December  30,  1621. 

"His  Most  Excellent  Majesty  coming  this  Day  to  the 
Council,  the  Prince  his  Highness,  and  all  the  Lords  and 
others  of  his  Majesty's  Privy-Council  sitting  about  him,  and 
all  the  Judges  then  in  London,  which  were  six  in  Number, 
there  attending  upon  his  Majesty;  the  Clerk  of  the  Commons 
House  of  Parliament  was  called  for,  and  commanded  to 
produce  his  Journal-Book,  wherein  was  noted,  the  Entries 
made  of  most  Passages  that  were  in  the  Commons  House 
of  Parliament;  and  amongst  other  Things  there  was  written 
down  the  Form  of  a  Protestation  concerning  sundry  Liberties, 
Privileges,  and  Franchises  of  Parliament;  with  which  Form 
of  Protestation  his  Majesty  was  justly  offended.  Never- 
theless his  Majesty,  in  a  most  gracious  Manner,  there  ex- 
pressed, That  he  never  meant  to  deny  that  House  of  Com- 
mons any  lawful  Privileges  that  ever  they  had  enjoyed;  but 
"whatsoever  Privileges  or  Liberties  they  had  by  any  Law 
or  Statute,  the  same  should  be  inviolably  preserved  unto 
"them;  and  whatsoever  Privileges  they  enjoyed  by.  Custom, 


346  SOURCE-BOOK  OF  ENGLISH  HISTORY 

or  uncontroulled  and  lawful  Precedent,  his  Majesty  would 
be  careful  to  preserve.  But  this  Protestation  of  the  Com- 
mons House,  so  contrived  and  carried  as  it  was,  his  Majesty 
thought  fit  to  be  razed  out  of  all  Memorials,  and  utterly  to 
be  annihilated;  both  in  respect  of  the  Manner  by  which  it  was 
gained,  and  the  Matter  therein  contained.  For  the  Manner 
of  getting  it,  first,  in  respect  of  the  Time:  For  after  such 
Time  as  his  Majesty,  out  of  princely  Grace,  as  to  take  away 
all  Mistakings,  had  directed  his  Letters  to  Secretary  Calvert, 
dated  at  Royston,  16  Decembris,  and  therein  had  so  explained 
himself,  in  the  Point  of  maintaining  the  Privileges  of  the 
House  of  Commons,  as  that  most  of  the  said  House  rested 
fully  satisfied,  and  freed  from  any  Scruple  of  having  their 
Liberties  impeached:  And  after  that,  by  his  Majesty's  Let- 
ters, directed  to  the  Speaker,  dated  18  December,  being  Tues- 
day, his  Majesty,  at  the  humble  Suit  of  the  House  of  Com- 
mons, condescended  to  make  this  Meeting  a  Session  before 
Christmas,  and  for  the  Purpose  had  assigned  Saturday  fol- 
lowing: Now,  upon  this  very  Tuesday,  and  while  the  Mes- 
sengers from  the  House  of  Commons  were  with  his  Majesty 
at  Theobalds,  to  return  Thanks  unto  his  Majesty,  and  there- 
with an  Excuse  from  them  not  to  make  it  a  Session,  in 
respect  of  the  Strait  of  Time  whereunto  they  were  driven; 
which  Deferment  his  Majesty  admitted  of  at  their  Desires, 
and  thereupon  gave  Order  for  the  Adjournment  of  the  Parlia- 
ment until  the  8th  of  February  next,  which  was  the  first 
Day  formerly  appointed  by  his  Majesty  for  the  meeting 
together  of  the  Parliament :  And  whilst  their  Messengers 
were  with  his  Majesty,  and  had  received  a  gracious  Answer 
to  return  unto  their  House;  even  that  Afternoon,  a  Com- 
mittee was  procured  to  be  made  for  taking  their  Liberties  into 
Consideration :  And  this  Afternoon  a  Protestation  was  made 
(to  whom,  appears  not)  concerning  their  Liberties,  and  at 
six  o'Clock  at  Night,  by  Candle-light,  the  same  Protestation 
was  brought  into  the  House  by  the  Committee;  and  at  that 
Time  of  Night  it  was  called  upon  to  be  put  to  the  Question, 
there  not  being  the  third  Part  of  the  House  then  present; 
whereas  in  all  Matters  of  Weight,  their  usual  Custom  is,  to 
put  nothing  of  Importance  to  the  Question,  till  the  House  be 
full :  And  at  this  Time  many  of  them  that  were  present,  ex- 
pected that  the  Question  would  have  been  deferred  to  another 
Day,  and  a  fuller  House ;  and  some  then  present  stood  up  to 
have  spoken  to  it,  but  could  not  be  seen  or  heard  in  that 
Darkness  and  Confusion.  Now  for  the  Matter  of  the  Pro- 


THE  REIGN  OF  JAMES  I.  347 

testation,  it  is  penned  in  such  ambiguous  and  general  Words, 
as  may  serve  for  future  Times  to  invade  most  of  the  Rights 
and  Prerogatives  annexed  to  the  Imperial  Crown;  the 
Claim  of  some  Privileges  being  grounded  upon  the  Words 
of  the  Writ  for  assembling  the  Parliament,  wherein  some 
Words,  viz.  Arduis  rcgni,  are  cunningly  mentioned,  but  the 
Word  quibiisdam,  which  restraineth  the  Generality  to  such 
particular  Cases,  as  his  Majesty  pleaseth  to  consult  with 
them  upon,  is  purposely  omitted. 

These  Things  considered,  his  Majesty  did,  this  present 
Day,  in  full  Assembly  of  the  Council,  and  in  the  Presence  of 
the  Judges,  declare  the  said  Protestation  to  be  invalid,  an- 
nulled, void,  and  of  no  Effect :  And  did  further,  Manu  sua 
propria;  take  the  said  Protestation  out  of  the  Journal-Book 
of  the  Clerk  of  the  Commons  House  of  Parliament;  and  com- 
manded an  Act  of  Council  to  be  made  thereupon,  and  this 
Act  to  be  entered  in  the  Register  of  Common-Causes. 

(Parliamentary  History,  ed.  cit.,  V,  p.  512.) 


CHAPTER    XXI 

THE    PURITAN    REVOLUTION 


155.    The  Petition  of  Right 

(3  CAR.  I,  c.  i,  June  7,  1628) 

Statutes  of  the  Realm 

In  1628  the  position  of  Charles  I.  had  gone  from  bad  to  worse. 
Rash  enterprises,  lavish  and  illegal  expenditure,  and  broken 
promises  of  better  government  had  almost  produced  open  rupture 
between  the  monarch  and  his  subjects.  In  his  third  Parliament 
matters  reached  a  point  in  which  the  Commons  felt  the  strongest 
action  to  be  necessary.  Under  the  leadership  of  Wentworth,  a 
Committee  of  Grievances  discussed  the  illegal  methods  of  the 
king,  and  particularly  considered  the  matters  of  forced  loans, 
imprisonment  of  subjects  who  refused  to  make  such  loans  to 
the  king,  the  billeting  of  soldiers  on  private  persons,  and  punish- 
ment by  the  methods  of  martial  law.  The  Commons  then  sought 
the  concurrence  of  the  Lords  by  means  of  a  petition  embodying 
protest  against  these  grievances.  For  two  months  both  Houses 
debated  the  question  of  steps  to  be  taken.  Aids  were  granted 
the  king,  but  no  regular  Money  Bill  was  passed.  This  Charles 
sought  to  secure,  but  the  Commons  refused  to  be  cajoled  by 
blandishments  or  frightened  by  threats.  The  king  offered  to 
grant  a  Confirmation  of  the  Great  Charter,  such  as  had  often 
been  issued  and  disregarded  by  former  monarchs.  The  Com- 
mons refused  this  offer,  and  under  the  leadership  of  Sir  Edward 
Coke  they  drew  up  and  passed  the  Petition  of  Right.  Charles 
made  repeated  attempts  to  avoid  ratifying  it  in  a  legal  manner. 
He  was  finally  compelled  to  give  his  assent  in  due  form.  The 
statute,  in  form  of  a  petition,  is  one  of  the  five  most  important 
constitutional  documents  of  English  history. 

THE  PETITION  EXHIBITED  TO  HIS  MAJESTY  BY  THE  LORDS 
SPIRITUAL  AND  TEMPORAL,  AND  COMMONS  IN  THIS  PRES- 
ENT PARLIAMENT  ASSEMBLED,  CONCERNING  DIVERS  RIGHTS 
AND  LIBERTIES  OF  THE  SUBJECTS,  WITH  THE  KING'S 
MAJESTY'S  ROYAL  ANSWER  THEREUNTO  IN  FULL  PARLIA- 
MENT 

To  the  King's  Most  Excellent  Majesty. 

Humbly  show  unto  our  Sovereign  Lord  the  King,  the 
Lords  Spiritual  and  Temporal,  and  Commons  in  Parliament 

348 


THE  PURITAN  REVOLUTION  349 

assembled,  that  whereas  it  is  declared  and  enacted  by  a  statute 
made  in  the  time  of  the  reign  of  King  Edward  the  First, 
commonly  called  Statutunt  de  Tallagio  non  concedendo,  that 
no  tallage  or  aid  shall  be  laid  or  levied  by  the  King  or  his 
heirs  in  this  realm,  without  the  goodwill  and  assent  of  the 
Archbishops,  Bishops,  Earls,  Barons,  Knights,  Burgesses, 
and  other  the  freemen  of  the  commonality  of  this  realm : 
and  by  authority  of  Parliament  holden  in  the  five  and 
twentieth  year  of  the  reign  of  King  Edward  the  Third,  it 
is  declared  and  enacted,  that  from  thenceforth  no  person 
shall  be  compelled  to  make  any  loans  to  the  King  against  his 
will,  because  such  loans  were  against  reason  and  the  franchise 
of  the  land;  and  by  other  laws  of  this  realm  it  is  provided, 
that  none  should  be  charged  by  any  charge  or  imposition, 
called  a  Benevolence,  or  by  such  like  charge,  by  which  the 
statutes  before-mentioned,  and  other  the  good  laws  and 
statutes  of  this  realm,  your  subjects  have  inherited  this 
freedom,  that  they  should  not  be  compelled  to  contribute  to 
any  tax,  tallage,  aid,  or  other  like  charge,  not  set  by  com- 
mon consent  in  Parliament : 

Yet  nevertheless,  of  late  divers  commissions  directed  to 
sundry  Commissioners  in  several  counties  with  instructions 
have  issued,  by  means  whereof  your  people  have  been  in 
divers  places  assembled,  and  required  to  lend  certain  sums 
of  money  unto  your  Majesty,  and  many  of  them  upon  their 
refusal  so  to  do,  have  had  an  oath  administered  unto  them, 
not  warrantable  by  the  laws  or  statutes  of  this  realm,  and 
have  been  constrained  to  become  bound  to  make  appearance 
and  give  attendance  before  your  Privy  Council,  and  in  other 
places,  and  others  of  them  have  been  therefore  imprisoned, 
confined,  and  sundry  other  ways  molested  and  disquieted : 
and  divers  other  charges  have  been  laid  and  levied  upon 
your  people  in  several  counties,  by  Lords  Lieutenants,  Deputy 
Lieutenants,  Commissioners  for  Musters,  Justices  of  Peace 
and  others,  by  command  or  direction  from  your  Majesty  or 
your  Privy  Council,  against  the  laws  and  free  customs  of  this 
realm : 

And  where  also  by  the  statute  called,  'The  Great  Charter 
of  the  Liberties  of  England,'  it  is  declared  and  enacted,  that 
no  freeman  may  be  taken  or  imprisoned  or  be  disseised  of  his 
freeholds  or  liberties,  or  his  free  customs,  or  be  outlawed  or 
exiled;  or  in  any  manner  destroyed,  but  by  the  lawful  judg- 
ment of  his  peers,  or  by  the  law  of  the  land : 

And  in  the  eight  and  twentieth  year  of  the  reign  of  King 


350  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Edward  the  Third,  it  was  declared  and  enacted  by  authority 
of  Parliament,  that  no  man  of  what  estate  or  condition  that 
he  be,  should  be  put  out  of  his  land  or  tenements,  nor  taken, 
nor  imprisoned,  nor  disherited,  nor  put  to  death,  without 
being  brought  to  answer  by  due  process  of  law : 

Nevertheless,  against  the  tenor  of  the  said  statutes,  and 
other  the  good  laws  and  statutes  of  your  realm,  to  that  end 
provided,  divers  of  your  subjects  have  of  late  been  imprisoned 
without  any  cause  showed,  and  when  for  their  deliverance 
they  were  brought  before  your  Justices,  by  your  Majesty's 
writs  of  Habeas  Corpus,  there  to  undergo  and  receive  as  the 
Court  should  order,  and  their  keepers  commanded  to  certify 
the  causes  of  their  detainer ;  no  cause  was  certified,  but  that 
they  were  detained  by  your  Majesty's  special  command,  sig- 
nified by  the  Lords  of  your  Privy  Council,  and  yet  were  re- 
turned back  to  several  prisons,  without  being  charged  with 
anything  to  which  they  might  make  answer  according  to  the 
law : 

And  whereas  of  late  great  companies  of  soldiers  and 
mariners  have  been  dispersed  into  divers  counties  of  the 
realm,  and  the  inhabitants  against  their  wills  have  been  com- 
pelled to  receive  them  into  their  houses,  and  there  to  suffer 
them  to  sojourn,  against  the  laws  and  customs  of  this  realm, 
and  to  the  great  grievance  and  vexation  of  the  people : 

And  whereas  also  by  authority  of  Parliament,  in  the  five 
and  twentieth  year  of  the  reign  of  King  Edward  the  Third,  it 
is  declared  and  enacted,  that  no  man  shall  be  forejudged  of  life 
or  limb  against  the  form  of  the  Great  Charter,  and  the  law  of 
the  land :  and  by  the  said  Great  Charter  and  other  the  laws 
and  statutes  of  this  your  realm,  no  man  ought  to  be  adjudged 
to  death ;  but  by  the  laws  established  in  this  your  realm,  either 
by  the  customs  of  the  same  realm  or  by  Acts  of  Parliament : 
and  whereas  no  offender  of  what  kind  soever  is  exempted 
from  the  proceedings  to  be  used,  and  punishments  to  be  in- 
flicted by  the  laws  and  statutes  of  this  your  realm :  never- 
theless of  late  time  divers  commissions  under  your  Majesty's 
Great  Seal  have  issued  forth,  by  which  certain  persons  have 
been  assigned  and  appointed  Commissioners  with  power  and 
authority  to  proceed  within  the  land  according  to  the  justice 
of  martial  law  against  such  soldiers  or  mariners,  or  other 
dissolute  persons  joining  with  them,  as  should  commit  any 
murder,  robbery,  felony,  mutiny,  or  other  outrage  or  mis- 
demeanour whatsoever,  and  by  such  summary  course  and 
order,  as  is  agreeable  to  martial  law,  and  is  used  in  armies 


THE  PURITAN  REVOLUTION  35' 

in  time  of  war,  to  proceed  to  the  trial  and  condemnation  of 
such  offenders,  and  them  to  cause  to  be  executed  and  put  to 
death,  according  to  the  law  martial : 

By  pretext  whereof,  some  of  your  Majesty's  subjects  have 
been  by  some  of  the  said  Commissioners  put  to  death,  when 
and  where,  if  by  the  laws  and  statutes  of  the  land  they  had 
deserved  death,  by  the  same  laws  and  statutes  also  they, 
might,  and  by  no  other  ought  to  have  been,  judged  and  exe- 
cuted: 

And  also  sundry  grievous  offenders  by  colour  thereof, 
claiming  an  exemption,  have  escaped  the  punishments  due 
to  them  by  the  laws  and  statutes  .of  this  your  realm,  by 
reason  that  divers  of  your  officers  and  ministers  of  justice 
have  unjustly  refused,  or  forborne  to  proceed  against  such 
offenders  according  to  the  same  laws  and  statutes,  upon  pre- 
tence that  the  said  offenders  were  punishable  only  by  martial 
law,  and  by  authority  of  such  commissions  as  aforesaid,  which 
commissions,  and  all  other  of  like  nature,  are  wholly  and 
directly  contrary  to  the  said  laws  and  statutes  of  this  your 
realm : 

They  do  therefore  humbly  pray  your  Most  Excellent  Ma- 
jesty, that  no  man  hereafter  be  compelled  to  make  or  yield 
any  gift,  loan,  benevolence,  tax,  or  such  like  charge,  without 
common  consent  by  Act  of  Parliament;  and  that  none  be 
called  to  make  answer,  or  take  such  oath,  or  to  give  atten- 
dance, or  be  confined,  or  otherwise  molested  or  disquieted 
concerning  the  same,  or  for  refusal  thereof;  and  that  no 
freeman,  in  any  such  manner  as  is  before-mentioned,  be  im- 
prisoned or  detained;  and  that  your  Majesty  will  be  pleased 
to  remove  the  said  soldiers  and  mariners,  and  that  your 
people  may  not  be  so  burdened  in  time  to  come ;  and  that  the 
aforesaid  commissions  for  proceeding  by  martial  law,  may  be 
revoked  and  annulled ;  and  that  hereafter  no  commissions 
of  like  nature  may  issue  forth  to  any  person  or  persons  what- 
soever, to  be  executed  as  aforesaid,  lest  by  colour  of  them 
any  of  your  Majesty's  subjects  be  destroyed  or  put  to  death, 
contrary  to  the  laws  and  franchise  of  the  land. 

All  which  they  most  humbly  pray  of  your  Most  Excellent 
Majesty,  as  their  rights  and  liberties  according  to  the  laws 
and  statutes  of  this  realm:  and  that  your  Majesty  would 
also  vouchsafe  to  declare,  that  the  awards,  doings,  and  pro- 
ceedings to  the  prejudice  of  your  people,  in  any  of  the  pre- 
mises, shall  not  be  drawn  hereafter  into  consequence  or 
example:  and  that  your  Majesty  would  be  also  graciously 


352  SOURCE-BOOK  OF  ENGLISH  HISTORY 

pleased,  for  the  further  comfort  and  safety  of  your  people, 
to  declare  your  royal  will  and  pleasure,  that  in  the  things 
aforesaid  all  your  officers  and  ministers  shall  serve  you, 
according  to  the  laws  and  statutes  of  this  realm,  as  they 
tender  the  honour  of  your  Majesty,  and  the  prosperity  of  this 
kingdom. 

(Ed.  from  Statutes  of  the  Realm,  V,  23.) 

[The  King's  first  answer,  June  2,  1628: 

The  King  willeth  that  right  be  done  according  to  the  laws 
and  customs  of  the  realm;  and  that  the  statutes  be  put  in 
due  execution,  that  his  subjects  may  have  no  cause  to  com- 
plain of  any  wrong  or  oppressions,  contrary  to  their  just 
rights  and  liberties,  to  the  preservation  whereof  he  holds 
himself  as  well  obliged  as  of  his  prerogative. 

The  King's  second  answer,  June  7,  1628: 

Soit  droit  fait  commc  il  est  desire."] 

156.   The  First  Writ  of  Ship-Money 

(Oct.  20,  1634) 

Rushworth. 

The  Petition  of  Right  did  not  put  an  end  to  the  illegal  extor- 
tions of  Charles  I.  Among  other  expedients,  he  ordained  a 
revival  of  the  old  law  which  compelled  coast  cities  and  counties 
to  send  ships  at  the  call  of  the  king.  But  the  demand  of  Charles, 
in  the  hands  of  Lord  Keeper  Finch,  extended  to  inland  cities 
as  well.  As  these  could  send  no  ships,  and  as  the  lesser  maritime 
towns  could  not  send  vessels  of  the  size  required  by  the  king, 
provision  was  made  that  in  these  cases  a  money  equivalent  was  to 
be  rendered.  In  October,  1664,  the  first  writs  of  ship-money  — 
of  which  an  example  is  given  below  —  were  issued.  There  was 
some  opposition,  but  the  expedient  proved  successful  until  suc- 
cessive writs  in  time  of  peace  convinced  the  people  that  the  king 
was  using  the  money  at  the  royal  pleasure  instead  of  for  the 
defense  of  the  nation.  John  Hampden  beaded  the  opposition 
which  then  became  general,  and  the  matter  was  taken  to  the 
Court  of  Exchequer,  where  the  venal  judges  gave  judgment  for 
the  king.  The  royal  victory  weakened  the  power  of  the  crown 
as  it  exposed  the  subserviency  of  the  Bench  to  the  wishes  of  the 
Crown. 

To  the  Mayor,  commonalty,  and  citizens  of  our  city  of 
London,  and  to  the  sheriffs  of  the  same  city,  and  good  men 
in  the  said  city  and  in  the  liberties,  and  members  of  the  same, 
greeting:  Because  we  are  given  to  understand  that  certain 
thieves,  pirates,  and  robbers  of  the  sea,  as  well  Turks,  enemies 
of  the  Christian  name,  as  others,  being  gathered  together, 
wickedly  taking  by  force  and  spoiling  the  ships,  and  goods, 
and  merchandises,  not  only  of  our  subjects,  but  also  the  sub- 


THE  PURITAN  REVOLUTION  353 

jects  of  our  friends  in  the  sea,  which  hath  been  accustomed 
anciently  to  be  defended  by  the  English  nation,  and  the  same, 
at  their  pleasure,  have  carried  away,  delivering  the  men  in 
the  same  into  miserable  captivity:  and  forasmuch  as  we  see 
them  daily  preparing  all  manner  of  shipping  farther  to 
molest  our  merchants,  and  to  grieve  the  kingdom,  unless 
remedy  be  not  sooner  applied,  and  their  endeavours  be  not 
more  manly  met  withal;  also  the  dangers  considered  which, 
on  every  side,  in  these  times  of  war  do  hang  over  our  heads, 
that  it  behoveth  us  and  our  subjects  to  hasten  the  defence  of 
the  sea  and  kingdom  with  all  expedition  or  speed  that  we 
can;  we  willing  by  the  help  of  God  chiefly  to  provide  for  the 
defence  of  the  kingdom,  safeguard  of  the  sea,  security  of  our 
subjects,  safe  conduct  of  ships  and  merchandises  to  our  king- 
dom of  England  coming,  and  from  the  same  kingdom  to 
foreign  parts  passing;  forasmuch  as  we,  and  our  progenitors, 
Kings  of  England,  have  been  always  heretofore  masters  of 
the  aforesaid  sea,  and  it  would  be  very  irksome  unto  us  if 
that  princely  honour  in  our  times  should  be  lost  or  in  any 
thing  diminished.  And  although  that  charge  of  defence 
which  concerneth  all  men  ought  to  be  supported  by  all,  as  by 
the  laws  and  customs  of  the  kingdom  of  England  hath  been 
accustomed  to  be  done :  notwithstanding  we  considering  that 
you  constituted  in  the  sea-coasts,  to  whom  by  sea  as  well 
great  dangers  are  imminent,  and  who  by  the  same  do  get 
more  plentiful  gains  for  the  defence  of  the  sea,  and  con- 
servation of  our  princely  honour  in  that  behalf,  according  to 
the  duty  of  your  allegiance  against  such  attempts,  are  chiefly 
bound  to  set  to  your  helping  hand;  we  command  firmly,  en- 
joining you  the  aforesaid  Mayor,  commonalty  and  citizens, 
and  sheriffs  of  the  said  city,  and  the  good  men  in  the  same 
city  and  in  the  liberties,  and  members  of  the  same,  in  the 
faith  and  allegiance  wherein  you  are  bound  unto  us,  and  as 
ye  do  love  us  and  our  honour,  and  under  the  forfeiture  of 
all  which  ye  can  forfeit  to  us,  that  ye  cause  to  be  pre- 
pared and  brought  to  the  port  of  Portsmouth,  before  the 
first  day  of  March  now  next  ensuing,  one  ship  of  war  of  the 
burden  of  nine  hundred  tons,  with  three  hundred  and  fifty 
men  at  the  least,  as  well  expert  masters,  as  very  able  and 
skilful  mariners;  one  other  ship  of  war  of  the  burden  of  eight 
hundred  tons,  with  two  hundred  and  sixty  men  at  the  least, 
as  well  skilful  masters,  as  very  able  and  expert  mariners : 
four  other  ships  of  war,  every  of  them  of  the  burden  of  five 
hundrd  tons,  and  every  of  them  with  two  hundred  men  at 


354  SOURCE-BOOK  OF  ENGLISH  HISTORY 

the  least,  as  well  expert  masters,  as  very  able  and  skilful 
mariners :  and  one  other  ship  of  war  of  the  burden  of  three 
hundred  tons,  with  a  hundred  and  fifty  men,  as  well  expert 
masters,  as  very  able  and  skilful  mariners :  and  also  every 
of  the  said  ships  with  ordnance,  as  well  greater  as  lesser, 
gunpowder,  and  spears  and  weapons,  and  other  necessary 
arms  sufficient  for  war,  and  with  double  tackling,  and  with 
victuals,  until  the  said  first  of  March,  competent  for  so  many 
men ;  and  from  that  time,  for  twenty-six  weeks,  at  your 
charges,  as  well  in  victuals  as  men's  wages,  and  other  things 
necessary  for  war,  during  that  time,  upon  defence  of  the  sea 
in  our  service,  in  command  of  the  admiral  of  the  sea,  to  whom 
we  shall  commit  the  custody  of  the  sea,  before  the  aforesaid 
first  day  of  March,  and  as  he,  on  our  behalf,  shall  command 
them  to  continue ;  so  that  they  may-  be  there  the  same  day, 
at  the  farthest,  to  go  from  thence  with  our  ships,  and  the 
ships  of  other  faithful  subjects,  for  the  safeguard  of  the  sea, 
and  defence  of  you  and  yours,  and  repulse  and  vanquishing 
of  whomsoever  busying  themselves  to  molest  or  trouble  upon 
the  sea  our  merchants,  and  other  subjects,  and  faithful  people 
coming  into  our  dominions  for  cause  of  merchandise,  or  from 
thence  returning  to  their  own  countries.  Also  we  have  as- 
signed you,  the  aforesaid  Mayor  and  Aldermen  of  the  city 
aforesaid,  or  any  thirteen,  or  more  of  you,  within  thirty  days 
after  the  receipt  of  this  writ,  to  assess  all  men  in  the 
said  city,  and  in  the  liberties,  and  members  of  the  same,  and 
the  landholders  in  the  same,  not  having  a  ship,  or  any  part 
of  the  aforesaid  ships,  nor  serving  in  the  same,  to  contribute 
to  the  expenses,  about  the  necessary  provision  of  the  pre- 
mises ;  and  to  assess  and  lay  upon  the  aforesaid  city,  with  the 
liberties  and  members  thereof,  viz.  upon  every  of  them  ac- 
cording to  their  estate  and  substances,  and  the  portion  as- 
sessed upon  them ;  and  to  nominate  and  appoint  collectors  in 
this  behalf.  Also  we  have  assigned  you,  the  aforesaid 
Mayor,  and  also  the  Sheriffs  of  the  city  aforesaid,  to  levy 
the  portions  so  as  aforesaid  assessed  upon  the  aforesaid  men 
and  landholders,  and  every  of  them  in  the  aforesaid  city,  with 
the  liberties  and  members  of  the  same,  by  distress  and  other 
due  means;  and  to  commit  to  prison  all  those  whom  you  shall 
find  rebellious  and  contrary  in  the  premises,  there  to  remain 
until  we  shall  give  further  order  for  their  delivery.  And 
moreover  we  command  you,  that  about  the  premises  you 
diligently  attend,  and  do,  and  execute  those  things  with  ef- 
fect, upon  peril  that  shall  fall  thereon :  but  we  will  not,  that 


THE  PURITAN  REVOLUTION  355 

under  colour  of  our  aforesaid  command,  more  should  be 
levied  of  the  said  men  than  shall  suffice  for  the  necessary 
expenses  of  the  premises;  or  that  any  who  have  had  levied 
money  for  contribution  to  raise  the  aforesaid  charges,  should 
by  him  detain  the  same,  or  any  part  thereof ;  or  should  pre- 
sume, by  any  manner  of  colour,  to  appropriate  the  same  to 
other  uses;  willing,  that  if  more  than  may  be  sufficient  shall 
be  collected,  the  same  may  be  paid  out  among  the  contrib- 
utors, for  the  rate  of  the  part  to  them  belonging. 

Witness  myself,  at  Westminster  the  twentieth  day 
of  October,  in  the  loth  year  of  our  reign. 

(Rvshwortk's  Collections,  ed.  cit.,  II,  257.) 

157.    Ship-Money  declared  Illegal 

(17  CAR.  I,  c.  14,  1641.) 

Statutes  of  the  Realm 

The  injustice  of  the  practice  of  levying  ship-money  and  the 
prostitution  of  justice  to  be  an  instrument  of  the  king's  will 
had  never  ceased  to  be  a  source  of  irritation  and  complaint. 
To  this  discontent  Charles  was  indifferent,  but  the  people 
watched  and  worked  for  the  opportunity  to  right  the  wrong. 
In  the  Long  Parliament  the  act  given  below  was  passed.  It  ;s 
important  not  only  because  it  abolished  one  illegal  tax  and  an- 
nulled the  judgment  of  the  Exchequer  Court  against  Hampden 
as  contrary  to  the  laws  and  statutes  of  the  realm,  the  right  of 
property,  the  liberty  of  the  subject,  and  the  Petition  of  Right, 
but  also  because  it  completed  the  long  line  of  statutes  that  de- 
prived the  Crown  of  the  power  of  arbitrary  taxation. 

AN  ACT  FOR  THE  DECLARING  UNLAWFUL  AND  VOID  THE  LATE 
PROCEEDINGS  TOUCHING  SHIP-MONEY,  AND  FOR  THE 
VACATING  OF  ALL  RECORDS  AND  PROCESSES  CONCERNING 
THE  SAME 

Whereas  divers  writs  of  late  time  issued  under  the 
Great  Seal  of  England,  commonly  called  Ship-writs,  for  the 
charging  of  the  Ports,  Towns,  Cities,  Boroughs,  and  Counties 
of  this  realm  respectively,  to  provide  and  furnish  certain 
ships  for  His  Majesty's  service;  and  whereas  upon  the  execu- 
tion of  the  same  writs  and  returns  of  certioraries  thereupon 
made,  and  the  sending  the  name  by  Mittimus  into  the  Court 
of  Exchequer,  process  hath  been  thence  made  against  sundry 
persons  pretended  to  be  charged  by  way  of  contribution  for 
the  making  up  of  certain  sums  assessed  for  the  providing 
of  the  said  ships ;  and  in  especial  in  Easter  Term  in  the  thir- 
teenth year  of  the  reign  of  our  Sovereign  Lord  the  King  that 


356  SOURCE-BOOK  OF  ENGLISH  HISTORY 

now  is,  a  Writ  of  Scirc  facias  was  awarded  out  of  the  Court 
of  Exchequer  to  the  then  Sheriff  of  Buckinghamshire  against 
John  Hampden,  Esquire,  to  appear  and  show  cause  why  he 
should  not  be  charged  with  a  certain  sum  so  assessed  upon 
him:  upon  whose  appearance  and  demurrer  to  the  proceedings 
therein  the  Barons  of  the  Exchequer  adjourned  the  same  case 
into  the  Exchequer  Chamber,  where  it  was  solemnly  argued 
divers  days ;  and  at  length  it  was  there  agreed  by  the  greater 
part  of  all  the  Justices  of  the  Courts  of  King's  Bench  and 
Common  Pleas,  and  of  the  Barons  of  the  Exchequer  there 
assembled,  that  the  said  John  Hampden  should  be  charged 
with  the  said  sum  so  as  aforesaid  assessed  on  him :  The  main 
grounds  and  reasons  of  the  said  Justices  and  Barons,  which 
so  agreed,  being,  that  when  the  good  and  safety  of  the  king- 
dom in  general  is  concerned,  and  the  whole  kingdom  in 
danger,  the  King  might  by  writ  under  the  Great  Seal  of  Eng- 
land command  all  the  subjects  of  this  his  kingdom  at  their 
charge  to  provide  and  furnish  such  number  of  ships  with 
men,  victuals  and  munition,  and  for  such  time  as  the  King 
should  think  fit  for  the  defence  and  safeguard  of  the  king- 
dom from  such  danger  and  peril,  and  that  by  law  the  King 
might  compel  the  doing  thereof  in  case  of  refusal  or  re- 
fractoriness, and  that  the  King  is  the  sole  judge  both  of  the 
danger,  and  when  and  how  the  same  is  to  be  prevented  and 
avoided ;  according  to  which  grounds  and  reasons  all  the 
Justices  of  the  said  Courts  of  King's  Bench  and  Common 
Pleas,  and  the  said  Barons  of  the  Exchequer,  having  been 
formerly  consulted  with  by  His  Majesty's  command,  had  set 
their  hands  to  an  extrajudicial  opinion  expressed  to  the  same 
purpose,  which  opinion  with  their  names  thereunto  was  also 
by  His  Majesty's  command  enrolled  in  the  Courts  of  Chan- 
cery, King's  Bench,  Common  Pleas  and  Exchequer,  and 
likewise  entered  among  the  remembrances  of  the  Court  of 
Star  Chamber,  and  according  to  the  said  agreement  of  the 
said  Justices  and  Barons,  judgment  was  given  by  the  Barons 
of  the  Exchequer  that  the  said  John  Hampden  should  be 
charged  with  the  said  sum  so  assessed  on  him:  and,  whereas 
some  other  actions  and  process  depend,  and  have  depended 
in  the  said  Court  of  Exchequer  and  in  some  other  Courts, 
against  other  persons  for  the  like  kind  of  charge  grounded 
upon  the  said  writs  commonly  called  Ship-writs;  all  which 
writs  and  proceedings  as  aforesaid  were  utterly  against  the 
law  of  the  land:  be  it  therefore  declared  and  enacted  by  the 
King's  Most  Excellent  Majesty  and  the  Lords  and  the  Com- 


THE  PURITAN  REVOLUTION  357 

mons  in  this  present  Parliament  assembled,  and  by  the  au- 
thority of  the  same,  that  the  said  charge  imposed  upon  the 
subject  for  the  providing  and  furnishing  of  ships,  commonly 
called  Ship-money,  and  the  said  extrajudicial  opinion  of  the 
said  Justices  and  Barons  and  the  said  writs,  and  every  of 
them,  and  the  said  agreement  or  opinion  of  the  greater  part 
of  the  said  Justices  and  Barons,  and  the  said  judgment  given 
against  the  said  John  Hampden,  were  and  are  contrary  to 
and  against  the  laws  and  statutes  of  this  realm,  the  right  of 
property,  the  liberty  of  the  subjects,  former  resolutions  in 
Parliament,  and  the  Petition  of  Right  made  in  the  third  year 
of  the  reign  of  His  Majesty  that  now  is. 

And  it  is  further  declared  and  enacted  by  the  authority 
aforesaid,  that  all  and  every  the  particulars  prayed  or  desired 
in  the  said  Petition  of  Right  shall  from  henceforth  be  put  in 
execution  accordingly,  and  shall  be  firmly  and  strictly  holden 
and  observed  as  in  the  same  Petition  they  are  prayed  and  ex- 
pressed ;  and  that  all  and  every  the  records  and  remembrances 
of  all  and  every  the  judgment,  enrolments,  entry,  and  pro- 
ceedings as  aforesaid,  and  all  and  every  the  proceedings  what- 
soever, upon  or  by  pretext  or  colour  of  any  of  the  said  writs 
commonly  called  Ship-writs,  and  all  and  every  the  dependents 
on  any  of  them,  shall  be  deemed  and  adjudged,  to  all  intents, 
constructions  and  purposes,  to  be  utterly  void  and  disannul- 
led; and  that  all  and  every  the  said  judgment,  enrolments, 
entries,  proceedings  and  dependents  of  what  kind  soever, 
shall  be  vacated  and  cancelled  in  such  manner  and  form  as 
records  use  to  be  that  are  vacated. 

(Ed.  from  Statutes  of  the  Realm,  V,  i»6.) 

158.    Charles  I.  and  Strafford 

(1641) 

Letters  and  Dispatches. 

The  letter  of  Charles  to  Strafford,  and  that  of  the  monarch 
to  Parliament  in  behalf  of  the  earl,  with  the  subjoined  account 
of  the  interview  of  the  messenger  with  Charles,  conclusively 
prove  the  weakness  and  timidity  of  the  king.  The  letters  are  of 
the  greatest  interest  as  being  unimpeachable  evidence  of  the 
faithlessness  of  the  master  to  his  chosen  servant,  whom  he  had 
promised  at  all  hazards  to  protect. 

CHARLES    I.    TO   THE   EARL   OF   STRAFFORD 

Strafford, 

The  misfortune  that  is  fallen  upon  you  by  the  strange 
mistaking  and  conjuncture  of  these  times,  being  such,  that 


358  SOURCE-BOOK  OF  ENGLISH  HISTORY 

I  must  lay  by  the  thought  of  employing  you  hereafter  in  my 
affairs ;  yet  I  cannot  satisfy  myself  in  honour  or  conscience 
without  assuring  you  (now  in  the  midst  of  your  troubles), 
that  upon  the  word  of  a  king  you  shall  not  suffer  in  life, 
honour  or  fortune.  This  is  but  justice,  and  therefore  a  very 
mean  reward  from  a  master  to  so  faithful  and  able  a  servant 
as  you  have  showed  yourself  to  be ;  yet  it  is  as  much  as  I 
conceive  the  present  times  will  permit,  though  none  shall 
hinder  me  from  being 

Your  constant,  faithful  friend, 

Charles  R. 
Whitehall,  April  23,   1641. 

(Ed.  from  Earl  of  Strafford's  Letters  and  Dispatches,  Lond.,  1739,  II,  p.  416.) 

i58a.    Charles  I.  to  the  House  of  Lords,   in  Behalf  of  the 

Earl  of  Strafford 
My  lords, 

I  did  yesterday  satisfy  the  justice  of  the  kingdom,  by 
passing  of  the  bill  of  attainder  against  the  earl  of  Strafford; 
but  mercy  being  as  inherent  and  inseparable  to  a  king  as 
justice,  I  desire  at  this  time  in  some  measure,  to  show  that 
likewise,  by  suffering  that  unfortunate  man  to  fulfil  the 
natural  course  of  his  life  in  a  close  imprisonment,  yet  so  that, 
if  ever  he  make  the  least  offer  to  escape,  or  offer,  directly  or 
indirectly,  to  meddle  with  any  sort  of  public  business,  es- 
pecially with  me,  either  by  message  or  letter,  it  shall  cost 
him  his  life,  without  further  process. 

This,  if  it  may  be  done  without  the  discontent  of  my  people, 
will  be  an  unspeakable  contentment  to  me;  to  which  end, 
as  in  the  first  place,  I  by  this  letter  do  earnestly  desire  your 
approbation ;  and  to  endear  it  more,  have  chosen  him  to  carry 
it,  that  of  all  your  house  is  most  dear  to  me;  so  I  desire, 
that  by  a  conference  you  will  endeavour  to  give  the  House 
of  Commons  contentment  likewise;  assuring  you,  that  the 
exercise  of  mercy  is  no  more  pleasing  to  me  than  to  see  both 
Houses  of  Parliament  content,  for  my  sake,  that  I  should 
moderate  the  severity  of  the  law  in  so  important  a  case.  I 
will  not  say,  that  your  complying  with  me  in  this  my  in- 
tended mercy,  shall  make  me  more  willing,  but  certainly  it 
will  make  me  more  cheerful  in  granting  your  just  grievances ; 
but,  if  no  less  than  his  life  can  satisfy  my  people,  I  must  say, 
Fiat  justitia. 


THE  PURITAN  REVOLUTION  359 

Thus  again  earnestly  recommending  the  consideration  of 
my  intentions  to  you,  I  rest 

Your  unalterable  and  affectionate  friend, 

Charles  R. 
Whitehall,  loth  May,  1641. 

P.  S. — If  he  must  die,  it  were  charity  to  reprieve  him  till 

Saturday.  (Journals  of  the  House  of  Lords,  May  n,  1641.) 

In  Kennett,  III,  117. 

i58b.   Parliament  considers  the  King's  Letter 

(The  following  record  of  the  proceedings  upon  receipt  of  the 
above  letter,  taken  from  the  Parliament  Journals,  throws  further 
light  upon  the  attitude  of  Charles.) 

This  letter,  all  written  with  the  king's  own  hand,  the  peers, 
this  day  received  in  Parliament,  delivered  by  the  hand  of  the 
prince.  It  was  twice  read  in  the  House,  and,  after  serious 
and  sad  consideration,  the  House  resolved  presently  to  send 
twelve  of  the  peers,  messengers  to  the  king:  "Humbly  to 
signify,  that  neither  of  the  intentions  expressed  in  the  letter 
could,  with  duty  to  them,  or  without  evident  danger  to  him- 
self, his  dearest  consort  the  queen,  and  all  the  young  princes 
their  children,  possibly  be  advised." 

Which  being  delivered,  and  more  expressions  offered, 
his  majesty  suffered  no  more  words  to  come  from  them,  but, 
out  of  the  fulness  of  his  heart,  to  the  observance  of  justice, 
and  for  contentment  of  his  people,  told  them,  that  what  he 
intended  by  his  letter  was  with  an  "  If,"  "If  it  may  be  done 
without  discontentment  to  his  people.  If  that  cannot  be,  I 
say  again  the  same  that  I  wrote,  Fiat  Justitia;  my  other  in- 
tention, proceeding  out  of  charity,  for  a  few  days'  respite,  was 
upon  certain  information  that  his  estate  was  so  distracted, 
that  it  necessarily  required  some  few  days  for  settlement 
thereof." 

Whereunto  the  lords  answered,  "  Their  purpose  was  to  be 
suitors  to  his  majesty,  for  favour  to  be  shown  to  his  innocent 
children ;  and,  if  he  himself  had  made  any  provision  for  them, 
that  the  same  might  hold." 

This  was  well-liking  to  his  majesty,  who  thereupon  parted 
from  the  lords.  At  his  majesty's  parting,  the  peers  offered 
up  into  his  hands  the  letter  itself,  which  he  had  sent;  but  he 
pleased  to  say :  "  My  lords,  what  I  have  written  to  you  I 
shall  be  content  it  be  registered  by  you  in  your  House;  in  it 
you  see  my  mind.  I  know  you  will  use  it  to  my  honour." 

(Journals  of  the  House  of  Lords,  May  n,  1641.) 


360  SOURCE-BOOK  OF  ENGLISH  HISTORY 

159.   A  Summary  of  Grievances 

(1642) 

Contemporary  Tract 

In  the  reign  of  Charles  I.  the  discontent  which  had  been  grow- 
ing since  the  time  of  Henry  VIII.  reached  its  culmination.  The 
popular  grievances  found  voice  in  many  pamphlets  and  tracts ; 
and  from  this  political  literature  we  have  chosen,  as  particularly 
suggestive,  the  following  illustration : 

CERTAIN    QUERIES    OF   THINGS    DONE    SINCE    KING    CHARLES 
HIS    REIGN    BEGAN 

1.  When  our  good  King  James  his  death  was  by  one  of 
his  physicians  tendered  to  the  King  and  Parliament,  to  be 
examined,  why  the  Parliament  was  so  soon  dissolved? 

2.  When  in  the  first  and  succeeding  Parliaments,  they  be- 
gan to  fall  upon  Reformation  in  Kirk  and  State,  why  still 
were  the  Parliaments  dissolved? 

3.  Why,  presently  after  the  Petition  of  Right  in  England 
was  signed,  it  was  violated  and  nulled  by  imprisonment  of 
sundry  members  of   Parliament,   which   cost   some   of   them 
their  lives? 

4.  Why  at  length  came  Parliaments  to  be  so  out  of  date 
and  request,  as  that  a  proclamation  was  published  inhibiting 
the  least  mention  of  ever  having  any  more  Parliaments  in 
England  ? 

5.  Why   against   the   Petition   of   Right   was   tonnage   and 
poundage  extorted  ? 

6.  Why    against   the    Petition    of    Right   was    ship-money 
levied? 

7.  Why  against  the  Petition  of  Right  was  coat-and-con- 
duct  money  imposed  ? 

8.  Why   against   the   Petition   of   Right   was   such    an   in- 
finite number  of  monopolies  to  the  drainage  and  exhaust- 
ing of  the  subjects,  granted? 

9.  Why  was  it  attempted  to  make  all  England  a  forest, 
and  so  to  make  the  people  so  many  deer   for  Nimrods  to 
hunt? 

10.  Who  is  the  author  of  all  the  evils  and  grievances  in 
the  kingdom,  and  so  the  great  troubler  of  Israel,  seeing  so 
many    malefactors,    and    delinquents,    and    instruments    of 
cruelty,  are  authorized  and  protected  as  innocents  ? 

11.  Who  aided  the  French  King  with  eight  ships,  by  means 
whereof   the   Protestants   in   Rochelle   were   most   miserably 
destroyed,  and  all  the  rest  in  France  left  to  the  mercy  of 


THE  PURITAN  REVOLUTION  361 

Papists,  the  more  easily  to  exercise  their  massacres  upon 
them? 

12.  How,  or  by  whom  was  it,  that  we  poor  harmless,  yet 
much  oppressed  Scots,  were  proclaimed  rebels,  when  we  only 
fought  for  right  and  justice? 

13.  By  whose  authority,  and  for  what  end  was  it,  that 
that  more  than  heathenish  book  for  sports,  to  profane  the 
Lord's  day,  was  published  in  every  kirk  in  England? 

14.  By  whose  countenance  was  it,  that  so  many  novations 
have  taken  place,   so  much   idolatry  and   superstition  hath 
overspread    England,    so    many    notorious    papist    books    in 
English   of   late   days   printed   with   their  high    dedications, 
so  much   restaint  of  preaching,   so  grievous  persecuting  of 
preachers  even  unto  blood  and  banishment,  with  all  ways 
and  crafts  to  root  out  the  Gospel,  and  to  let  up  popery  every- 
where, and  so  to  put  the  prince  of  the  apostles  (Peter,  or  the 
pope)  in  possession  of  that  noble  and  long  flourishing  island? 

15.  Who  hath  murdered  so  many  innocents  in  Ireland  by 
the  long  retarding  of  sending  succors  in  due  time,  by  means 
whereof  so  many  thousands,    and    they    Protestants,    might 
have  been  preserved  from  such  horrid  and  bloody  butcheries  ? 
Or  how  came  it  to  pass  (then  when  the  plot  among  us  in 
Scotland  for  murdering  some  of  our  prime  nobles  in  the 
King's  chamber,  should  have  taken  place)  that  the  rebellion 
in  Ireland  began  to  break  forth  just  about  the  same  time? 
Such   a   sympathy  and  harmony    (it  seems)    there  was  be- 
tween the  two. 

16.  What  was  the  end  of  plotting,  the  coming  up  of  the 
York  army  towards  the  City  and  Parliament? 

17.  What  was  the  end  of  the  King's  going  to  the  Parlia- 
ment with  his  armed  troops  of  furious  Cavaliers,  and  their 
manner  of  carriage  there? 

18.  \Vhat  was  the  end  of  turning  out  our  faithful  brother 
Sir  William  Belphore  from  being  Lieutenant  of  the  Tower, 
and  placing  in  his  room  that  desperate  Cavalier  Lunsford? 

19.  By  what  authority  was  it,  that  the  captains  that  were 
by  the  Parliament  sent  into  Ireland  to  suppress  the  rebels 
there,  came  into  England  again  to  help  the  Malignant  party 
against  the  Parliament? 

20.  Whether    the    present    taking   of    Portsmouth    by   the 
King,  through  the  infamous  perfidiousness  of  Goring,  may 
not    stand    the    Malignants    in    as    good    stead    against    the 
Parliament  and  people  as  Hull,  considering  that  Portsmouth 
is  nearer  both  to  France  and  Spain? 


362  SOURCE-BOOK  OF  ENGLISH  HISTORY. 

21.  Whether  the  King's  Commission  of  Array,  though  it 
may  seem  to  have  in  general  some  countenance  from  the  law, 
yet  can  possibly  be  imagined  to  have  any  law  at  this  time, 
when  the  King  stands  out  against  his  Parliaments,  to  over- 
throw  their  militia,   which   is   to  no  other  end  but  to  pre- 
serve both  King  and  kingdom  from  imminent  ruin ;  consider- 
ing that  no  laws  of  the  kingdom  are  destructive  thereof,  but 
preservative  only? 

22.  Whether  the  gentry  of  England,  who  now  appear  for 
the  King  against  the  Parliament,  and  so  against  the  whole 
kingdom,  be  true  bred  Englishmen,   and  gentlemen,  or  no : 
or  if  true  bred,  whether  they  be  not  so  far  degenerate  as  to 
become  enemies  of  God  and  their  country,  and  with  Esau  to 
sell    their   birthright   of   laws    and   liberties    for    a   mess   of 
broth,  and  so  to  purchase  to  their  house  a  perpetual  slavery, 
by  shedding  the  blood  of  their  brethren,  which  they  prize 
at  so  vile  and  ignoble  a  rate  ? 

23.  Whether   the   displacing  of  the  good   old   justices   ail 
over  England,  and  setting  up  of  new,  being  of  the  Malignant 
party  and  enemies  of  the  kingdom,  do  not  hasten  the  ruin 
thereof,  while  they  labor  to  root  out  the  Gospel,  and  all  good- 
ness, to  destroy  the  Parliament  and  all.  good  laws,  and  to 
countenance  and  maintain  the  most  profane  in  the  land,  who 
are  ready  everywhere  to  make  war  against  the  Gospel,  and 
all  the  faithful  preachers  thereof? 

24.  Whether    the    wounding    of    religion    by    reproachful 
names,  as  calling  all  the  true  professors  thereof  Roundheads 
and  the  like,  be  not  a  sleight  of  Jesuits  to  set  the  Protestants 
together  by  the  ears,  and  their  swords  in  one  another's  sides, 
that  so  they  may  all  perish  together? 

25.  Whether  it  be  not  the  wisdom  of  all  true-hearted  Eng- 
lish, and  such  as  account  it  their  honor  to  be  called  and  be 
true  Protestants,  and  namely  such  as  are  enemies  to  papistry, 
however  they  may  differ  in  opinion  in  matter  of  religion, 
according  to  the  different  degrees  of  light  in  their  souls,  yet 
not  to  differ  in  their  affections  one  to  another,  but  to  be  fast 
united  in  the  bond  of  charity,  and  combined  in  a  firm  resolu- 
tion for  the  rooting  out  of  all  papery,  according  to  the  late 
protestation,  which   no  true  Protestant,  and  such   as  it  not 
papishly  affected,  nor  a  lover  of  Antichrist,  and  so  a  hater 
of  his  own  soul  and  salvation,  will  ever  refuse  to  take,  pro- 
fess, and  maintain. 

26.  Why,    notwithstanding    so    many    protestations,    and 
declarations  to  the  contrary,  are  papish  priests  and  Jesuits, 


THE  PURITAN  REVOLUTION  363 

after  they  are  justly  condemned,  according  to  the  law,  for 
traitors,  reprieved,  time  after  time,  so  as  no  justice  can  be 
executed  on  them  ? 

27.  Whether  so  many  proclamations,  declarations,  protes- 
tations  or   remonstrances,   as   are  published   in   the   King's 
name,  being  so  full  of  manifest  and  palpable  falshoods,  and 
shameless  untruths,  whereby  the  true  meaning  people  are 
most  pitifully  abused,  seduced,  deluded  and  blindfolded,  to 
the  undoing  of  themselves  and  of  their  dear  country,  by 
betraying  it  and  themselves  into  the  hands  of  most  wicked 
tyrants  and  cut-throats,  and  open  enemies  of  both  God  and 
men,  ought  not  to  be  laid  upon  the  King  himself,  as  the  su- 
preme author  of  them,  seeing  he  is  pleased  to  be  the  owner 
and  maintainer  of  them  ?     And  whether,  in  particular,  it  be 
not  a  meer  mockery  to   send   forth   proclamations   against 
papist-recusants,  inhibiting  and  forbidding  them  upon  pain 
of  high  displeasure  to  approach  the  King's  person,  court  or 
army,   whenas,   for  all   this,   most  of  them  that  be  of  the 
King's  cavalry,  and  of  his  commanders,  are  papists,  having 
nothing  to  excuse  them  from  being  recusants,  but  merely 
the  pope's  dispensation  for  going  to  kirk ;  and  all  men  know 
by  experience,   that  Kirk-Papists  are  the  worst  and  most 
dangerous  ? 

28.  Whether  the  setting-up  of  the  King's  standard  against 
the  Parliament  and  the  best  subjects  of  the  kingdom  be  not 
an  actual  unkinging  of  him,  as  whereby  he  professeth   an 
open  hostility  against  that  kingdom  and  State,  which  at  his 
coronation  he  swore  to  protect;  and  as  now,  intending  and 
endeavoring  with  might  and  main  to  come  in  as  a  conqueror, 
and  so  to  set  up  a  lawless  and  tyranical  government  over  his 
land,  and  so  to  make  good  what  he  hath  promised,  and   (in 
his  letter  to  the  Pope  of  Rome  lately  published  in  English,  as 
aforesaid)   solemnly  protested  and  vowed. 

These  queries  and  questions  being  seriously  and  impar- 
tially satisfied  and  foyled,  it  cannot  but  most  evidently  appear 
to  every  intelligent  heart  that  will  not  be  wilfully  blind,  what 
is  the  aim  and  end  of  the  Malignant  party  now  in  England, 
from  the  head  to  the  foot  of  them ;  and  how  much  it  concerns 
them  all  who  love  their  religion,  laws,  and  liberties  to  look 
about  them,  and  timely  to  endeavor  (by  God's  assistance)  to 
prevent  their  great  and  imminent  dangers. 

FINIS 

Septem.  8,  1642. 

(From  King James,  'His  Judgment  of  a.  King  and  of  a.  Tyrant. 
Political  tract,  published  Load.,  1642.) 


364  SOURCE-BOOK  OF  ENGLISH  HISTORY 

160.   The  Charge  against  the  King 

Rushworih's  Collections 

The  deeds  which  cost  Charles  I.  his  crown  are  summed  up  in 
the  formal  charge  against  him  at  his  trial.  Although  many 
grievances  are  omitted,  and  those  presented  are  coloured  by  the 
spirit  of  a  people  in  revolt,  yet  the  arraignment  places  clearly 
before  us  the  reasons  for  the  action  of  that  people. 

THE    CHARGE    AGAINST    THE    KING 

That  the  said  Charles  Stuart,  being  admitted  King  of  Eng- 
land, and  therein  trusted  with  a  limited  power  to  govern  by 
and  according  to  the  laws  of  the  land,  and  not  otherwise ;  and 
by  his  trust,  oath,  and  office,  being  obliged  to  use  the  power 
committed  to  him  for  the  good  and  benefit  of  the  people,  and 
for  the  preservation  of  their  rights  and  liberties ;  yet,  never- 
theless, out  of  a  wicked  design  to  erect  and  uphold  in  himself 
an  unlimited  and  tyrannical  power  to  rule  according  to  his 
will,  and  to  overthrow  the  rights  and  liberties  of  the  people, 
yea,  to  take  away  and  make  void  the  foundations  thereof,  and 
of  all  redress  and  remedy  of  niisgovernment,  which  by  the 
fundamental  constitutions  of  this  kingdom  were  reserved  on 
the  people's  behalf  in  the  right  and  power  of  frequent  and 
successive  Parliaments,  or  national  meetings  in  Council ;  he, 
the  said  Charles  Stuart,  for  accomplishment  of  such  his  de- 
signs, and  for  the  protecting  of  himself  and  his  adherents  in 
his  and  their  wicked  practices,  to  the  same  ends  hath  traitor- 
ously and  maliciously  levied  war  against  the  present  Parlia- 
ment, and  the  people  therein  represented,  particularly  upon 
or  about  the  3Oth  day  of  June,  in  the  year  of  our  Lord  1642, 
at  Beverley,  in  the  County  of  York ;  and  upon  or  about  the 
3Oth  day  of  July  in  the  year  aforesaid  in  the  County  of 
the  City  of  York;  and  upon  or  about  the  24th  day  of 
August  in  the  same  year,  at  the  County  of  the  Town  of 
Nottingham,  where  and  when  he  set  up  his  standard  of 
war;  and  also  on  or  about  the  23rd  day  of  October  in  the 
same  year,  at  Edgehill  or  Keynton-field,  in  the  County  of 
Warwick ;  and  upon  or  about  the  30th  day  of  November  in 
the  same  year,  at  Brentford,  in  the  County  of  Middlesex ; 
and  upon  or  about  the  3Oth  day  of  August,  in  the  year  of  our 
Lord  1643,  at  the  Caversham  Bridge,  near  Reading,  in  the 
County  of  Berks ;  and  upon  or  about  the  3oth  day  of  October 
in  the  year  last  mentioned,  at  or  upon  the  City  of  Gloucester; 
and  upon  or  about  the  3oth  day  of  November  in  the  year  last 
mentioned,  at  Newbury,  in  the  County  of  Berks ;  and  upon  or 


THE  PURITAN  REVOLUTION  365 

about  the  3ist  day  of  July,  in  the  year  of  our  Lord  1644,  at 
Cropredy  Bridge,  in  the  County  of  Oxon ;  and  upon  or  about 
the  3Oth  day  of  September  in  the  last  year  mentioned,  at  Bod- 
min  and  other  places  near  adjacent,  in  the  County  of  Corn- 
wall ;  and  upon  or  about  the  3Oth  day  of  November  in  the  year 
last  mentioned,  at  Newbury  aforesaid ;  and  upon  or  about  the 
8th  day  of  June,  in  the  year  of  our  Lord  1645,  at  tne  Town  of 
Leicester;  and  also  upon  the  I4th  day  of  the  same  month  in 
the  same  year,  at  Naseby-field,  in  the  County  of  Northamp- 
ton. At  which  several  times  and  places,  or  most  of  them,  and 
at  many  other  places  in  this  land,  at  several  other  times 
within  the  years  aforementioned,  and  in  the  year  of  our  Lord 
1646,  he,  the  said  Charles  Stuart,  hath  caused  and  procured 
many  thousands  of  the  free  people  of  this  nation  to  be  slain ; 
and  by  divisions,  parties,  and  insurrections  within  this  land, 
by  invasions  from  foreign  parts,  endeavoured  and  procured 
by  him,  and  by  many  other  evil  ways  and  means,  he,  the  said 
Charles  Stuart,  hath  not  only  maintained  and  carried  on  the 
said  war  both  by  land  and  sea,  during  the  years  beforemen- 
tioned,  but  also  hath  renewed,  or  caused  to  be  renewed,  the 
said  war  against  the  Parliament  and  good  people  of  this  na- 
tion in  this  present  year  1648,  in  the  Counties  of  Kent,  Essex, 
Surrey,  Sussex,  Middlesex,  and  many  other  Counties  and 
places  in  England  and  Wales,  and  also  by  sea.  And  particu- 
larly he,  the  said  Charles  Stuart,  hath  for  that  purpose  given 
commission  to  his  son  the  Prince,  and  others,  whereby,  be- 
sides multitudes  of  other  persons,  many  such  as  were  by  the 
Parliament  entrusted  and  employed  for  the  safety  of  the 
nation  (being  by  him  or  his  agents  corrupted  to  the  betraying 
of  their  trust,  and  revolting  from  the  Parliament),  have  had 
entertainment  and  commission  for  the  continuing  and  renew- 
ing of  war  and  hostility  against  the  said  Parliament  and 
people  as  aforesaid.  By  which  cruel  and  unnatural  wars,  by 
him,  the  said  Charles  Stuart,  levied,  continued,  and  renewed 
as  aforesaid,  much  innocent  blood  of  the  free  people  of  this 
nation  hath  been  spilt,  many  families  have  been  undone,  the 
public  treasure  wasted  and  exhausted,  trade  obstructed  and 
miserably  decayed,  vast  expense  and  damage  to  the  nation 
incurred,  and  many  parts  of  this  land  spoiled,  some  of  them 
even  to  desolation.  And  for  further  prosecution  'of  his  said 
evil  designs,  he,  the  said  Charles  Stuart,  doth  still  continue 
his  commissions  to  the  said  Prince,  and  other  rebels  and 
revolters,  both  English  and  foreigners,  and  to  the  Earl  of 
Ormond,  and  the  Irish  rebels  and  revolters  associated  with 


366  SOURCE-BOOK  OF  ENGLISH  HISTORY 

him ;  from  whom  further  invasions  upon  this  land  are  threat- 
ened, upon  the  procurement,  and  on  the  behalf  of  the  said 
Charles  Stuart. 

All  which  wicked  designs,  wars,  and  evil  practices  of  him, 
the  said  Charles  Stuart,  have  been,  and  are  carried  on  for  the 
advancement  and  upholding  of  a  personal  interest  of  will, 
power,  and  pretended  prerogative  to  himself  and  his  family, 
against  the  public  interest,  common  right,  liberty,  justice,  and 
peace  of  the  people  of  this  nation,  by  and  from  whom  he  was 
entrusted  as  aforesaid. 

By  all  which  it  appeareth  that  the  said  Charles  Stuart  hath 
been,  and  is  the  occasioner,  author,  and  continuer  of  the  said 
unnatural,  cruel  and  bloody  wars;  and  therein  guilty  of  all 
the  treasons,  murders,  rapines,  burnings,  spoils,  desolations, 
damages  and  mischiefs  to  this  nation,  acted  and  committed 
in  the  said  wars,  or  occasioned  thereby. 

(RushwortJi's  Collections,  ed.  cit.,  VII,  1396.) 

161.  Charles  Refuses  to  Plead 

Rushwortk' 's  Collections 

The  Stuart  theory  of  the  Divine  Right  of  Kings  —  a  theory 
which  placed  the  sovereign  above  the  law  (see  Nos.  148,  149  and 
154) — is  clearly  set  forth  in  the  reasoning  by  which  Charles  I. 
explained  his  refusal  to  submit  to  the  jurisdiction  of  the  High 
Court  of  Justice.  While  denying  the  right  of  the  court  to  try 
him,  Charles  attempted  to  vindicate  his  conduct.  The  document 
is  an  excellent  demonstration  of  the  characteristics  of  the  Stuarts. 

Having  already  made  my  protestations,  not  only  against 
the  illegality  of  this  pretended  Court,  but  also,  that  no  earthly 
power  can  justly  call  me  (who  am  your  king)  in  question  as 
a  delinquent,  I  would  not  any  more  open  my  mouth  upon  this 
occasion,  more  than  to  refer  myself  to  what  I  have  spoken, 
were  I  in  this  case  alone  concerned :  but  the  duty  I  owe  to 
God  in  the  preservation  of  the  true  liberty  of  my  people  will 
not  suffer  me  at  this  time  to  be  silent:  for,  how  can  any  free- 
born  subject  of  England  call  life  or  anything  he  possesseth 
his  own,  if  power  without  right  daily  make  new,  and  abrogate 
the  old  fundamental  laws  of  the  land  which  I  now  take  to  be 
the  present  case?  Wherefore  when  I  came  hither,  I  expected 
that  you  would  have  endeavoured  to  have  satisfied  me  con- 
cerning these  grounds  which  hinder  me  to  answer  to  your  pre- 
tended impeachment.  But  since  I  see  that  nothing  I  can  say 
will  move  you  to  it  (though  negatives  are  not  so  naturally 
proved  as  affirmatives)  yet  I  will  show  you  the  reason  why 
I  am  confident  you  cannot  judge  me,  nor  indeed  the  meanest 


THE  PURITAN  REVOLUTION  367 

man  in  England:  for  I  will  not  (like  you)  without  showing 
a  reason,  seek  to  impose  a  belief  upon  my  subjects. 

There  is  no  proceeding  just  against  any  man,  but  what  is 
warranted,  either  by  God's  laws  or  the  municipal  laws  of  the 
country  where  he  lives.  Now  I  am  most  confident  this  day's 
proceeding  cannot  be  warranted  by  God's  laws;  for,  on  the 
contrary,  the  authority  of  obedience  unto  Kings  is  clearly 
warranted,  and  strictly  commanded  in  both  the  Old  and  New 
Testament,  which,  if  denied,  I  am  ready  instantly  to  prove. 

And  for  the  question  now  in  hand,  there  it  is  said,  that 
'where  the  word  of  a  King  is,  there  is  power;  and  who  may 
say  unto  him,  what  dost  thou?'  Eccles.  viii.  4.  Then  for  the 
law  of  this  land,  I  am  no  less  confident,  that  no  learned 
lawyer  will  affirm  that  an  impeachment  can  lie  against  the 
King,  they  all  going  in  his  name :  and  one  of  their  maxims  is, 
that  the  King  can  do  no  wrong.  Besides,  the  law  upon  which 
you  ground  your  proceedings,  must  either  be  old  or  new:  if 
old,  show  it;  if  new,  tell  what  authority,  warranted  by  the 
fundamental  laws  of  the  land,  hath  made  it,  and  when.  But 
how  the  House  of  Commons  can  erect  a  Court  of  Judicature, 
which  was  never  one  itself  (as  is  well  known  to  all  lawyers) 
I  leave  to  God  and  the  world  to  judge.  And  it  were  full  as 
strange,  that  they  should  pretend  to  make  laws  without  King 
or  Lords'  House,  to  any  that  have  heard  speak  of  the  laws  of 
England. 

And  admitting,  but  not  granting,  that  the  people  of  Eng- 
land's commission  could  grant  your  pretended  power,  I  see 
nothing  you  can  show  for  that ;  for  certainly  you  never  asked 
the  question  of  the  tenth  man  in  the  kingdom,  and  in  this 
way  you  manifestly  wrong  even  the  poorest  ploughman,  if 
you  demand  not  his  free  consent;  nor  can  you  pretend  any 
colour  for  this  your  pretended  commission,  without  the  con- 
sent at  least  of  the  major  part  of  every  man  in  England  of 
whatsoever  quality  or  condition,  which  I  am  sure  you  never 
went  about  to  seek,  so  far  are  you  from  having  it.  Thus  you 
see  that  I  speak  not  for  my  own  right  alone,  as  I  am  your 
King,  but  also  for  the  true  liberty  of  all  my  subjects,  which 
consists  not  in  the  power  of  government,  but  in  living  under 
such  laws,  such  a  government,  as  may  give  themselves  the 
best  assurance  of  their  lives,  and  property  of  their  goods: 
nor  in  this  must  or  do  I  forget  the  privileges  of  both  Houses 
of  Parliament,  which  this  day's  proceedings  do  not  only 
violate,  but  likewise  occasion  the  greatest  breach  of  their 
public  faith  that  (I  believe)  ever  was  heard  of,  with  which  I 


368  SOURCE-BOOK  OF  ENGLISH  HISTORY 

am  far  from  charging  the  two  Houses ;  for  all  the  pretended 
crimes  laid  against  me  bear  date  long  before  this  Treaty  at 
Newport,  in  which  I  having  concluded  as  much  as  in  me  lay, 
and  hopefully  expecting  the  Houses'  agreement  thereunto,  I 
was  suddenly  surprised  and  hurried  from  thence  as  a 
prisoner;  upon  which  account  I  am  against  my  will  brought 
hither,  where  since  I  am  come,  I  cannot  but  to  my  power 
defend  the  ancient  laws  and  liberties  of  this  kingdom,  to- 
gether with  my  own  just  right.  Then  for  anything  I  can  see, 
the  higher  House  is  totally  excluded;  and  for  the  House  of 
Commons,  it  is  too  well  known  that  the  major  part  of  them 
are  detained  or  deterred  from  sitting;  so  as  if  I  had  no  other, 
this  were  sufficient  for  me  to  protest  against  the  lawfulness 
of  your  pretended  Court.  Besides  all  this,  the  peace  of  the 
kingdom  is  not  the  least  in  my  thoughts;  and  what  hope  of 
settlement  is  there,  so  long  as  power  reigns  without  rule  or 
law,  changing  the  whole  frame  of  that  government  under 
which  this  kingdom  hath  flourished  for  many  hundred  years? 
(nor  will  I  say  what  will  fall  out  in  case  this  lawless,  unjust 
proceeding  against  me  do  go  on)  and  believe  it,  the  Commons 
of  England  will  not  thank  you  for  this  change ;  for  they  will 
remember  how  happy  they  have  been  of  late  years  under  the 
reigns  of  Queen  Elizabeth,  the  King  my  father,  and  myself, 
until  the  beginning  of  these  unhappy  troubles,  and  will  have 
cause  to  doubt,  that  they  shall  never  be  so  happy  under  any 
new :  and  by  this  time  it  will  be  too  sensibly  evident,  that  the 
arms  I  took  up  were  only  to  defend  the  fundamental  laws  of 
this  kingdom  against  those  who  have  supposed  my  power 
hath  totally  changed  the  ancient  government. 

Thus,  having  showed  you  briefly  the  reasons  why  I  cannot 
submit  to  your  pretended  authority,  without  violating  the 
trust  which  I  have  from  God  for  the  welfare  and  liberty  of 
my  people,  I  expect  from  you  either  clear  reasons  to  convince 
my  judgment,  showing  me  that  I  am  in  an  error  (and  then 
truly  I  will  answer)  or  that  you  will  withdraw  your  pro- 
ceedings. 

This  I  intended  to  speak  in  Westminster  Hall,  on  Monday, 
January  22,  but  against  reason  was  hindered  to  show  my 

reasons.  Rushworth' 's  Collections,  ed.  cit.,  VII,  1403.) 

162.    The  Sentence  of  the  King 

Rushworth' 's  Collections 

The  sentence  of  the  High  Court  of  Justice  affirms  the  limited 
power  of  the  English  monarchs,  and  sternly  enumerates  Charles' 
misuses  of  his  royal  prerogative.  The  judges  reiterate  the  doc- 


THE  PURITAN  REVOLUTION  369 

trine  which  formed  the  basis  of  the  Puritan  Revolution,  that  a 
king  can  be  guilty  of  treason  and,  and  if  thus  guilty,  can  be 
punished  by  the  nation  from  whom  alone  is  derived  the  right  to 
rule. 

Whereas  the  Commons  of  England  assembled  in  Parlia- 
ment, have  by  their  late  Act  intituled  an  Act  of  the  Commons 
of  England  assembled  in  Parliament,  for  erecting  an  High 
Court  of  Justice  for  the  trying  and  judging  of  Charles  Stuart, 
King  of  England,  authorised  and  constituted  us  an  High 
Court  of  Justice  for  the  trying  and  judging  of  the  said 
Charles  Stuart  for  the  crimes  and  treasons  in  the  said  Act 
mentioned;  by  virtue  whereof  the  said  Charles  Stuart  hath 
been  three  several  times  convented  before  this  High  Court, 
where  the  first  day,  being  Saturday,  the  2Oth  of  January 
instant,  in  pursuance  of  the  said  Act,  a  charge  of  high  treason 
and  other  high  crimes  was,  in  the  behalf  of  the  people  of 
England,  exhibited  against  him,  and  read  openly  unto  him, 
wherein  he  was  charged,  that  he,  the  said  Charles  Stuart, 
being  admitted  King  of  England,  and  therein  trusted  with  a 
limited  power  to  govern  by,  and  according  to  the  law  of  the 
land,  and  not  otherwise ;  and  by  his  trust,  oath,  and  office, 
being  obliged  to  use  the  power  committed  to  him  for  the  good 
and  benefit  of  the  people,  and  for  the  preservation  of  their 
rights  and  liberties ;  yet,  nevertheless,  out  of  a  wicked  design 
to  erect  and  uphold  in  himself  an  unlimited  and  tyrannical 
power  to  rule  according  to  his  will,  and  to  overthrow  the 
rights  and  liberties  of  the  people,  and  to  take  away  and  make 
void  the  foundations  thereof,  and  of  all  redress  and  remedy 
of  misgovernment,  which  by  the  fundamental  constitutions 
of  this  kingdom  were  reserved  on  the  people's  behalf  in  the 
right  and  power  of  frequent  and  successive  Parliaments,  or 
national  meetings  in  Council ;  he,  the  said  Charles  Stuart,  for 
accomplishment  of  such  his  designs,  and  for  the  protecting 
of  himself  and  his  adherents  in  his  and  their  wicked  practices, 
to  the  same  end  hath  traitorously  and  maliciously  levied  war 
against  the  present  Parliament,  and  people  therein  repre- 
sented, as  with  the  circumstances  of  time  and  place  is  in  the 
said  charge  more  particularly  set  forth ;  and  that  he  hath 
thereby  caused  and  procured  many  thousands  of  the  free 
people  of  this  nation  to  be  slain ;  and  by  divisions,  parties, 
and  insurrections  within  this  land,  by  invasions  from  foreign 
parts,  endeavoured  and  procured  by  him,  and  by  many  other 
evil  ways  and  means,  he,  the  said  Charles  Stuart,  hath  not 
only  maintained  and  carried  on  the  said  war  both  by  sea  and 


3/o  SOURCE-BOOK  OF  ENGLISH  HISTORY 

land,  but  also  hath  renewed,  or  caused  to  be  renewed,  the  said 
war  against  the  Parliament  and  good  people  of  this  nation  in 
this  present  year  1648,  in  several  counties  and  places  in  this 
kingdom  in  the  charge  specified;  and  that  he  hath  for  that 
purpose  given  his  commission  to  his  son  the  Prince,  and 
others,  whereby,  besides  multitudes  of  other  persons,  many 
such  as  were  by  the  Parliament  entrusted  and  employed  for 
the  safety  of  this  nation,  being  by  him  or  his  agents  corrupted 
to  the  betraying  of  their  trust,  and  revolting  from  the  Par- 
liament, have  had  entertainment  and  commission  for  the 
continuing  and  renewing  of  the  war  and  hostility  against  the 
said  Parliament  and  people :  and  that  by  the  said  cruel  and 
unnatural  war  so  levied,  continued  and  renewed,  much  in- 
nocent blood  of  the  free  people  of  this  nation  hath  been 
spilt,  many  families  undone,  the  public  treasure  wasted,  trade 
obstructed  and  miserably  decayed,  vast  expense  and  damage 
to  the  nation  incurred,  and  many  parts  of  the  land  spoiled, 
some  of  them  even  to  desolation :  and  that  he  still  continues 
his  commission  to  his  said  son,  and  other  rebels  and  revolters, 
both  English  and  foreigners,  and  to  the  Earl  of  Ormond,  and 
to  the  Irish  rebels  and  revolters  associated  with  him,  from 
whom  further  invasions  of  this  land  are  threatened  by  his 
procurement  and  of  his  behalf:  and  that  all  the  said  wicked 
designs,  wars,  and  evil  practices  of  him,  the  said  Charles 
Stuart,  were  still  carried  on  for  the  advancement  and  up- 
holding of  the  personal  interest  of  will,  power,  and  pretended 
prerogative  to  himself  and  his  family,  against  the  public 
interest,  common  right,  liberty,  justice,  and  peace  of  the 
people  of  this  nation :  and  that  he  thereby  hath  been  and  is 
the  occasioner,  author,  and  continuer  of  the  said  unnatural, 
cruel,  and  bloody  wars,  and  therein  guilty  of  all  the  treasons, 
murders,  rapines,  burnings,  spoils,  desolations,  damage,  and 
mischief  to  this  nation,  acted  and  committed  in  the  said  wars, 
or  occasioned  thereby;  whereupon  the  proceedings  and  judg- 
ment of  this  Court  were  prayed  against  him,  as  a  tyrant, 
traitor,  and  murderer,  and  public  enemy  to  the  Common- 
wealth, as  by  the  said  charge  more  fully  appeareth.  To 
which  charge,  being  read  unto  him  as  aforesaid,  he,  the  said 
Charles  Stuart,  was  required  to  give  his  answer;  but  he 
refused  to  do  so :  and  upon  Monday,  the  22nd  day  of  January 
instant,  being  again  brought  before  this  Court1,  and  there 
required  to  answer  directly  to  the  said  charge,  he  still  refused 
so  to  do;  whereupon  his  default  and  contumacy  was  entered; 
and  the  next  day,  being  the  third  time  brought  before  the 


THE  PURITAN  REVOLUTION  371 

Court,  judgment  was  then  prayed  against  him  on  the  behalf 
of  the  people  of  England  for  his  contumacy,  and  for  the 
matters  contained  against  him  in  the  said  charge,  as  taking 
the  same  for  confessed,  in  regard  of  his  refusing  to  answer 
thereto.  Yet  notwithstanding  this  Court  (not  willing  to  take 
advantage  of  his  contempt)  did  once  more  require  him  to 
answer  to  the  said  charge ;  but  he  again  refused  so  to  do : 
upon  which  his  several  defaults,  this  Court  might  justly  have 
proceeded  to  judgment  against  him,  both  for  his  contumacy 
and  the  matters  of  the  charge,  taking  the  same  for  confessed 
as  aforesaid. 

Yet  nevertheless  this  Court,  for  its  own  clearer  informa- 
tion and  further  satisfaction,  have  thought  fit  to  examine 
witnesses  upon  oath  and  take  notice  of  other  evidences 
touching  the  matters  contained  in  the  said  charge,  which 
accordingly  they  have  done. 

Now  therefore  upon  serious  and  mature  deliberation  of 
the  premises,  and  consideration  had  of  the  notoriety  of  the 
matters  of  fact  charged  upon  him  as  aforesaid,  this  Court  is 
in  judgment  and  conscience  satisfied  that  he,  the  said  Charles 
Stuart,  is  guilty  of  levying  war  against  the  said  Parliament 
and  people,  and  maintaining  and  continuing  the  same;  for 
which  in  the  said  charge  he  stands  accused,  and  by  the  gen- 
eral course  of  his  government,  counsels,  and  practices,  before 
and  since  this  Parliament  began  (which  have  been  and  are 
notorious  and  public,  and  the  effects  whereof  remain  abund- 
antly upon  record)  this  Court  is  fully  satisfied  in  their  judg- 
ments and  consciences  that  he  has  been  and  is  guilty  of  the 
wicked  design  and  endeavours  in  the  said  charge  set  forth ; 
and  that  the  said  war  hath  been  levied,  maintained,  and  con- 
tinued by  him  as  aforesaid,  in  prosecution  and  for  accom- 
plishment of  the  said  designs;  and  that  he  hath  been  and  is 
the  occasioner,  author,  and  continuer  of  the  said  unnatural, 
cruel,  and  bloody  wars,  and  therein  guilty  of  high  treason, 
and  of  the  murders,  rapines,  burnings,  spoils,  desolations, 
damage,  and  mischief  to  this  nation  acted  and  committed  in 
the  said  war,  and  occasioned  thereby.  For  all  which  treasons 
and  crimes  this  Court  doth  adjudge  that  he,  the  said  Charles 
Stuart,  as  a  tyrant,  traitor,  murderer,  and  public  enemy  to  the 
good  people  of  this  nation,  shall  be  put  to  death  by  severing 
of  his  head  from  his  body. 

(RushwortW s  Collections,  ed.  cit.,  VII,  1418.) 


372  SOURCE-BOOK  OF  ENGLISH  HISTORY 

163.   The  Death  Warrant  of  the  King 

Rushiuorth's  Collections 

The  death  warrant  of  Charles  I.,  however  pathetic  in  its  tra- 
gedy of  misspent  opportunities  and  of  a  monarch  dying  at  the 
hands  of  his  subjects,  yet  bears  in  its  words  the  triumphant 
vindication  of  the  will  of  the  people  as  the  real  force  and 
majesty  of  all  law. 

At  the  High  Court  of  Justice  for  the  trying  and  judging  of 

Charles  Stuart,  King  of  England,  Jan.  29,  164.8. 
Whereas  Charles  Stuart,  King  of  England,  is,  and  standeth 
convicted,  attainted,  and  condemned  of  high  treason,  and 
other  high  crimes ;  and  sentence  upon  Saturday  last  was  pro- 
nounced against  him  by  this  Court,  to  be  put  to  death  by  the 
severing  of  his  head  from  his  body;  of  which  sentence,  execu- 
tion yet  remaineth  to  be  done :  These  are  therefore  to  will  and 
require  you  to  see  the  said  sentence  executed  in  the  open 
street  before  Whitehall,  upon  the  morrow,  being  the  3Oth 
day  of  this  instant  month  of  January,  between  the  hours  of 
10  in  the  morning  and  5  in  the  afternoon  of  the  same  day, 
with  full  effect.  And  for  so  doing  this  shall  be  your  suffi- 
cient warrant.  And  these  are  to  require  all  officers,  soldiers, 
and  others,  the  good  people  of  this  nation  of  England,  to  be 
assisting  unto  you  in  this  service. 

To  Col.  Francis  Hacker,  Col.  Huncks,  and  Lieut. -Col. 
Phray,  and  to  every  of  them. 

Given  under  our  hands  and  seals. 
John  Bradshaw. 
Thomas   Grey. 
Oliver  Cromwell, 
etc.,  etc. 

(RnshwortK's  Collections,  ed.  cit.,  VII,  1426.) 


CHAPTER   XXII 

ENGLAND   A   COMMONWEALTH 


Formal  Declaration  of  the  Commonwealth 

Acts  and  Ordinances,  ScobcJl 

The  Acts  abolishing  the  office  of  king  and  the  House  of 
Lords  were  followed  by  the  statute  which  declared  England  to 
be  a  commonwealth.  Yet  these  enactments,  while  they  close  the 
first  period  of  the  English  monarchy,  did  not  promote  a  real 
democracy.  The  despotism  of  the  king  was  succeeded  by  the 
despotism  of  the  Lord  Protector,  and  the  change  of  government 
was  only  in  name.  The  oath  of  fidelity  required  to  be  taken, 
ran  as  follows :  "I  do  declare  and  promise  that  I  will  be  true 
and  faithful  to  the  Commonwealth  of  England,  as  it  is  now 
established,  without  a  King  or  House  of  Lords." 

164.   The  Act  Abolishing  the  Office  of  King 

(May  17,  1649) 

Acts  and  Ordinances,  Scobell 

Whereas  Charles  Stuart,  late  King  of  England,  Ireland, 
and  the  territories  and  dominions  thereunto  belonging,  hath 
by  authority  derived  from  Parliament  been  and  is  hereby 
declared  to  be  justly  condemned,  adjudged  to  die,  and  put  to 
death,  for  many  treasons,  murders,  and  other  heinous  offences 
committed  by  him,  by  which  judgment  he  stood,  and  is  hereby 
declared  to  be  attained  to  high  treason,  whereby  his  issue 
and  posterity,  and  all  others  pretending  title  under  him,  are 
become  incapable  of  the  said  Crowns,  or  of  being  King  or 
Queen  of  the  said  kingdom  or  dominions,  or  either  or  any  of 
them ;  be  it  therefore  enacted  and  ordained,  and  it  is  enacted, 
ordained,  and  declared  by  this  present  Parliament,  and  by 
authority  thereof,  that  all  the  people  of  England  and  Ireland, 
and  the  dominions  and  territories  thereunto  belonging,  of 
what  degree  or  condition  soever,  are  discharged  of  all  fealty, 
homage,  and  allegiance  which  is  or  shall  be  pretended  to  be 
due  unto  any  of  the  issue  and  posterity  of  the  said  late  King, 
or  any  claiming  under  him ;  and  that  Charles  Stuart,  eldest 
son,  and  James  called  Duke  of  York,  second  son,  and  all  other 
the  issue  and  posterity  of  him  the  said  late  King,  and  all  and 

373 


374  SOURCE-BOOK  OF  ENGLISH  HISTORY 

every  person  and  persons  pretending  title  from,  by,  or  under 
him,  are  and  be  disabled  to  hold  or  enjoy  the  said  Crown  of 
England  and  Ireland,  and  other  the  dominions  thereunto  be- 
longing, or  any  of  them ;  or  to  have  the  name,  title,  style,  or 
dignity  of  King  or  Queen  of  England  and  Ireland,  Prince  of 
Wales,  or  any  of  them ;  or  to  have  and  enjoy  the  power  and 
dominion  of  the  said  kingdoms  and  dominions,  or  any  of  them, 
or  the  honors,  manors,  lands,  tenements,  possessions,  and 
hereditaments  belonging  or  appertaining  to  the  said  Crown 
of  England  and  Ireland,  and  other  the  dominions  aforesaid, 
or  to  any  of  them;  or  to  the  Principality  of  Wales,  Duchy  of 
Lancaster  or  Cornwall,  or  any  or  either  of  them,  any  law, 
statute,  ordinance,  usage,  or  custom  to  the  contrary  hereof  in 
any  wise  notwithstanding. 

And  whereas  it  is  and  hath  been  found  by  experience,  that 
the  office  of  a  King  in  this  nation  and  Ireland,  and  to  have 
the  power  thereof  in  any  single  person,  is  unnecessary,  bur- 
densome, and  dangerous  to  the  liberty,  safety,  and  public 
interest  of  the  people,  and  that  for  the  most  part,  use  hath 
been  made  of  the  regal  power  and  prerogative  to  oppress  and 
impoverish  and  enslave  the  subject;  and  that  usually  and 
naturally  any  one  person  in  such  power  makes  it  his  interest 
to  incroach  upon  the  just  freedom  and  liberty  of  the  people, 
and  to  promote  the  setting  up  of  their  own  will  and  power 
above  the  laws,  that  so  they  might  enslave  these  kingdoms 
to  their  own  lust;  be  it  therefore  enacted  and  ordained  by 
this  present  Parliament,  and  by  authority  of  the  same,  that 
the  office  of  a  King  in  this  nation  shall  not  henceforth  reside 
in  or  be  exercised  by  any  one  single  person ;  and  that  no  one 
person  whatsoever  shall  or  may  have,  or  hold  the  office,  style, 
dignity,  power,  or  authority  of  King  of  the  said  kingdoms 
and  dominions,  or  any  of  them,  or  of  the  Prince  of  Wales, 
any  law,  statute,  usage,  or  custom  to  the  contrary  thereof  in 
any  wise  notwithstanding. 

And  it  is  hereby  enacted,  that  if  any  person  or  persons  shall 
endeavour  to  attempt  by  force  of  arms  or  otherwise,  or  be 
aiding,  assisting,  comforting,  or  abetting  unto  any  person  or 
persons  that  shall  by  any  ways  or  means  whatsoever  en- 
deavour or  attempt  the  reviving  or  setting  up  again  of  any 
pretended  right  of  the  said  Charles,  eldest  son  to  the  said  late 
King,  James  called  Duke  of  York,  or  of  any  other  the  issue 
and  posterity  of  the  said  late  King,  or  of  any  person  or  per- 
sons claiming  under  him  or  them,  to  the  said  regal  office, 
style,  dignity,  or  authority,  or  to  be  Prince  of  Wales;  or  the 


ENGLAND  A  COMMONWEALTH  375 

promoting  of  any  one  person  whatsoever  to  the  name,  style, 
dignity,  power,  prerogative,  or  authority  of  King  of  England 
and  Ireland,  and  dominions  aforesaid,  or  any  of  them;  that 
then  every  such  offence  shall  be  deemed  and  adjudged  high 
treason,  and  the  offenders  therein,  their  counsellors,  pro- 
curers, aiders  and  abettors,  being  convicted  of  the  said  of- 
fence, or  any  of  them,  shall  be  deemed  and  adjudged  traitors 
against  the  Parliament  and  people  of  England,  and  shall 
suffer,  lose,  and  forfeit,  and  have  such  like  and  the  same 
pains,  forfeitures,  judgments,  and  execution  as  is  used  in  case 
of  high  treason. 

And  whereas  by  the  abolition  of  the  kingly  office  provided 
for  in  this  Act,  a  most  happy  way  is  made  for  this  nation  (if 
God  see  it  good)  to  return  to  its  just  and  ancient  right,  of 
being  governed  by  its  own  representatives  or  national  meet- 
ings in  council,  from  time  to  time  chosen  and  entrusted  for 
that  purpose  by  the  people,  it  is  therefore  resolved  and  de- 
clared by  the  Commons  assembled  in  Parliament,  that  they 
will  put  a  period  to  the  sitting  of  this  present  Parliament,  and 
dissolve  the  same  so  soon  as  may  possibly  stand  with  the 
safety  of  the  people  that  hath  betrusted  them,  and  with  what 
is  absolutely  necessary  for  the  preserving  and  upholding  the 
Government  now  settled  in  the  way  of  a  Commonwealth ;  and 
that  they  will  carefully  provide  for  the  certain  choosing, 
meeting,  and  sitting  of  the  next  and  future  representatives, 
with  such  other  circumstances  of  freedom  in  choice  and 
equality  in  distribution  of  members  to  be  elected  thereunto, 
as  shall  most  conduce  to  the  lasting  freedom  and  good  of  this 
Commonwealth. 

And  it  is  hereby  further  enacted  and  declared,  notwith- 
standing any  thing  contained  in  this  Act,  no  person  or  per- 
sons of  what  condition  and  quality  soever,  within  the  Com- 
monwealth of  England  and  Ireland,  dominion  of  Wales,  the 
islands  of  Guernsey  and  Jersey,  and  town  of  Berwick-upon- 
Tweed,  shall  be  discharged  from  the  obedience  and  subjec- 
tion which  he  and  they  owe  to  the  Government  of  this  nation, 
as  it  is  now  declared,  but  all  and  every  of  them  shall  in  all 
things  render  and  perform  the  same,  as  of  right  is  due  unto 
the  supreme  authority  hereby  declared  to  reside  in  this  and 
the  successive  representatives  of  the  people  of  this  nation, 
and  in  them  only. 

(A  Collection  of  Acts  and  Ordinances  of  General  Vfejetc.,  ed.  H.  Scobell, 
Lend.,  1698,  II,  ^.)      ,, 


376  SOURCE-BOOK  OF  ENGLISH  HISTORY 


165.   The  House  of  Lords  Abolished 

(March  19,  1649) 

The  Commons  of  England  assembled  in  Parliament,  find- 
ing by  too  long  experience  that  the  House  of  Lords  is  useless 
and  dangerous  to  the  people  of  England  to  be  continued,  have 
thought  fit  to  ordain  and  enact,  and  be  it  ordained  and  en- 
acted by  this  present  Parliament,  and  by  the  authority  of  the 
same,  that  from  henceforth  the  House  of  Lords  in  Parliament 
shall  be  and  is  hereby  wholly  abolished  and  taken  away;  and 
that  the  Lords  shall  not  from  henceforth  meet  or  sit  in  the 
said  House  called  the  Lords'  House,  or  in  any  other  house 
or  place  whatsoever,  as  a  House  of  Lords ;  nor  shall  sit,  vote, 
advise,  adjudge,  or  determine  of  any  matter  or  thing  what- 
soever, as  a  House  of  Lords  in  Parliament :  nevertheless  it  is 
hereby  declared,  that  neither  such  Lords  as  have  demeaned 
themselves  with  honour,  courage,  and  fidelity  to  the  Com- 
monwealth, nor  their  posterities  who  shall  continue  so,  shall 
be  excluded  from  the  public  councils  of  the  nation,  but  shall 
be  admitted  thereunto,  and  have  their  free  vote  in  Parlia- 
ment, if  they  shall  be  thereunto  elected,  as  other  persons  of 
interest  elected  and  qualified  thereunto  ought  to  have. 

And  be  it  further  ordained  and  enacted  by  the  authority 
aforesaid,  that  no  Peer  of  this  land,  not  being  elected,  quali- 
fied and  sitting  in  Parliament  as  aforesaid,  shall  claim,  have, 
or  make  use  of  any  privilege  of  Parliament,  either  in  relation 
to  his  person,  quality,  or  estate,  any  law,  usage,  or  custom  to 
the  contrary  notwithstanding. 

(Scobell  Collection,  ed.  cited,  II,  8.) 

166.  England  declared  to  be  a  Commonwealth 

(May  19,  1649) 

Be  it  declared  and  enacted  by  this  present  Parliament,  and 
by  the  authority  of  the  same,  that  the  people  of  England,  and 
of  all  the  dominions  and  territories  thereunto  belonging,  are 
and  shall  be,  and  are  hereby  constituted,  made,  established, 
and  confirmed,  to  be  a  Commonwealth  and  Free  State,  and 
shall  from  henceforth  be  governed  as  a  Commonwealth  and 
Free  State  by  the  supreme  authority  of  this  nation,  the  repre- 
sentatives of  the  people  in  Parliament,  and  by  such  as  they 
shall  appoint  and  constitute  as  officers  and  ministers  under 
them  for  the  good  of  the  people,  and  that  without  any  King 
or  House  of  Lords. 

(Scobell  Collection,  ed.  cited,  II,  30.) 


ENGLAND  A  COMMONWEALTH  377 

167.   The  Instrument  of  Government 

Parliamentary  History 

In  the  stormy  period  of  the  Puritan  Revolution,  three  great 
models  for  the  constitutional  government  of  the  realm  were 
evolved.  These  were,  the  Agreement  of  the  People  (Jan.  15, 
1648-9),  the  Instrument  of  Government  (Dec.  16,  1653),  and  the 
Humble  Petition  and  Advice  (May  25,  1657),  with  its  amend- 
ments (June  26,  1657).  In  these  documents  is  foreshadowed 
much  of  the  constitutional  and  political  development  of  Great 
Britain  and  of  the  United  States  of  America.  Although  these 
constitutional  plans  failed  of  immediate  effect,  this  was  not  be- 
cause of  their  lack  of  merit.  The  circumstances  of  the  times 
were  such  as  to  prevent  the  realization  of  the  political  ideals 
therein  set  forth.  The  models  themselves  do  not  entirely  escape 
the  influence  of  the  personal  equation  of  the  environment  which 
made  them  possible.  The  Instrument  of  Government,  however, 
is  least  affected  by  the  fears  of  the  people  and  the  ambitions  of 
their  leaders.  It  has  therefore  been  selected  as  a  type  of  the 
highest  development  of  constitutional  theory  that  had  yet  been 
reached  in  English  history. 

The  government  of  the  Commonwealth  of  England,  Scot- 
land, and  Ireland,  and  the  dominions  thereunto  belonging. 

I.  That  the  supreme  legislative  authority  of  the  Common- 
wealth of  England,  Scotland,  and  Ireland,  and  the  dominions 
thereunto  belonging,  shall  be  and  reside  in  one  person,  and 
the  people  assembled  in  Parliament :  the  style  of  which  person 
shall  be  the  Lord  Protector  of  the  Commonwealth  of  Eng- 
land, Scotland,  and  Ireland. 

II.  That  the  exercise  of  the  chief  magistracy  and  the  ad- 
ministration of  the  government  over  the  said  countries  and 
dominions,  and  the  people  thereof,  shall  be  in  the  Lord  Pro- 
tector, assisted  with  a  council,  the  number  whereof  shall  not 
exceed  twenty-one,  nor  be  less  than  thirteen. 

III.  That  all  writs,  processes,  commissions,  patents,  grants, 
and  other  things,  which  now  run  in  the  name  and  style  of  the 
keepers  of  the  liberty  of  England  by  authority  of  Parliament, 
shall  run  in  the  name  and  style  of  the  Lord  Protector,  from 
whom,  for  the  future,  shall  be  derived  all  magistracy  and 
honours  in  these  three  nations;  and  have  the  power  of  par- 
dons (except  in  case  of  murders  and  treason)  and  benefit  of 
all  forfeitures  for  the  public  use;  and  shall  govern  the  said 
countries  and  dominions  in  all  things  by  the  advice  of  the 
council,  and  according  to  these  presents  and  the  laws. 

IV.  That  the  Lord  Protector,  the  Parliament  sitting,  shall 
dispose  and  order  the  militia  and  forces,  both  by  sea  and  land, 
for  the  peace  and  good  of  the  three  nations, , by  consent  of 


378  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Parliament ;  and  that  the  Lord  Protector,  with  the  advice  and 
consent  of  the  major  part  of  the  council,  shall  dispose  and 
order  the  militia  for  the  ends  aforesaid  in  the  intervals  of 
Parliament. 

V.  That  the  Lord  Protector,  by  the  advice  aforesaid,  shall 
direct  in  all  things  concerning  the  keeping  and  holding  of  a 
good  correspondency  with  foreign  kings,  princes,  and  states; 
and  also,  with  the  consent  of  the  major  part  of  the  council, 
have  the  power  of  war  and  peace. 

VI.  That  the  laws  shall  not  be  altered,  suspended,  abro- 
gated,  or   repealed,   nor   any   new   law   made,   nor   any  tax, 
charge,  or  imposition  laid  upon  the  people,  but  by  common 
consent  in  Parliament,  save  only  as  is  expressed  in  the  thir- 
tieth article. 

VII.  That  there  shall  be  a  Parliament  summoned  to  meet 
at  Westminster  upon  the  third  day  of  September,  1654,  and 
that  successively  a  Parliament  shall  be  summoned  once  in 
every  third  year,  to  be  accounted  from  the  dissolution  of  the 
present  Parliament. 

VIII.  That  neither  the  Parliament  to  be  next  summoned, 
nor  any  successive  Parliaments,  shall,  during  the  time  of  five 
months,  to  be  accounted  from  the  day  of  their  first  meeting, 
be  adjourned,  prorogued,   or  dissolved,   without   their  own 
consent. 

IX.  That  as  well  the  next  as  all  other  successive  Parlia- 
ments shall  be  summoned  and  elected  in  manner  hereafter 
expressed ;  that  is  to  say,  the  persons  to  be  chosen  within 
England,  Wales,  the  Isles  of  Jersey,  Guernsey,  and  the  town 
of  Berwick-upon-Tweed,  to  sit  and  serve  in  Parliament,  shall 
be,  and  not  exceed,  the  number  of  four  hundred.     The  per- 
sons to  be  chosen  within  Scotland,  to  sit  and  serve  in  Parlia- 
ment, shall  be,  and  not  exceed,  the  number  of  thirty;  and  the 
persons  to  be  chosen  to  sit  in  Parliament  for  Ireland  shall  be, 
and  not  exceed,  the  number  of  thirty. 

X.  That  the  persons  to  be  elected  to  sit  in  Parliament  from 
time  to  time,  for  the  several  counties  of  England,  Wales,  the 
Isles  of  Jersey  and  Guernsey,  and  the  town  of  Berwick-upon- 
Tweed,  and  all  places  within  the  same  respectively,  shall  be 
according    to    the    proportions    and    numbers    hereafter    ex- 
pressed: that  is  to  say,       [Here  follows  the  apportionment.] 

The  distribution  of  the  persons  to  be  chosen  for  Scotland 
and  Ireland,  and  the  several  counties,  cities,  and  places 
therein,  shall  be  according  to  such  proportions  and  number 
a»  shall  be  agreed  upon  and  declared  by  the  Lord  Protector 


ENGLAND  A  COMMONWEALTH  379 

and  the  major  part  of  the  council,  before  the  sending  forth 
writs  of  summons  for  the  next  Parliament. 

XI.  That  the  summons  to  Parliament  shall  be  by  writ  under 
the  Great  Seal  of  England,  directed  to  the  sheriffs  of  the 
several  and  respective  counties,  with  such  alteration  as  may 
suit  with  the  present  government,  to  be  made  by  the  Lord 
Protector  and  his  council,  which  the  Chancellor,  Keeper,  or 
Commissioners  of  the  Great  Seal  shall  seal,  issue,  and  send 
abroad  by  warrant  from  the  Lord  Protector.  If  the  Lord  Pro- 
tector shall  not  give  warrant  for  issuing  of  writs  of  summons 
for  the  next  Parliament,  before  the  first  of  June,  1654,  or  for 
the  Triennial  Parliaments,  before  the  first  day  of  August  in 
every  third  year,  to  be  accounted  as  aforesaid ;  that  then  the 
Chancellor,  Keeper,  or  Commissioners  of  the  Great  Seal  for 
the  time  being,  shall,  without  any  warrant  or  direction,  within 
seven  days  after  the  said  first  day  of  June,  1654,  seal,  issue, 
and  send  abroad  writs  of  summons  (changing  therein  what 
is  to  be  changed  as  aforesaid)  to  the  several  and  respective 
Sheriffs  of  England,  Scotland,  and  Ireland,  for  summoning 
the  Parliament  to  meet  at  Westminster,  the  third  day  of  Sep- 
tember next;  and  shall  likewise,  within  seven  days  after  the 
said  first  day  of  August,  in  every  third  year,  to  be  accounted 
from  the  dissolution  of  the  precedent  Parliament,  seal,  issue, 
and  send  forth  abroad  several  writs  of  summons  (changing 
therein  what  is  to  be  changed)  as  aforesaid,  for  summoning 
the  Parliament  to  meet  at  Westminster  the  sixth  of  Novem- 
ber in  that  third  year.  That  the  said  several  and  respective 
Sheriffs  shall,  within  ten  days  after  the  receipt  of  such  writ 
as  aforesaid,  cause  the  same  to  be  proclaimed  and  published 
in  every  market-town  within  his  county  upon  the  market- 
days  thereof,  between  twelve  and  three  of  the  clock ;  and  shall 
then  also  publish  and  declare  the  certain  day  of  the  week  and 
month,  for  choosing  members  to  serve  in  Parliament  for  the 
body  of  the  said  county,  according  to  the  tenor  of  the  said 
writ,  which  shall  be  upon  Wednesday  five  weeks  after  the 
date  of  the  writ;  and  shall  likewise  declare  the  place  where 
the  election  shall  be  made :  for  which  purpose  he  shall  appoint 
the  most  convenient  place  for  the  whole  county  to  meet  in; 
and  shall  send  precepts  for  elections  to  be  made  in  all  and 
every  city,  town,  borough,  or  place  within  his  county,  where 
elections  are  to  be  made  by  virtue  of  these  presents,  to  the 
Mayor,  Sheriff,  or  other  head  officer  of  such  city,  town, 
borough,  or  place,  within  three  days  after  the  receipt  of  such 
writ  and  writs;  which  the  said  Mayors,  Sheriffs,  and  officers 


380  SOURCE-BOOK  OF  ENGLISH  HISTORY 

respectively  are  to  make  publication  of,  and  of  the  certain  day 
for  such  elections  to  be  made  in  the  said  city,  town,  or  place 
aforesaid,  and  to  cause  elections  to  be  made  accordingly. 

XII.  That  at  the  day  and  place  of  elections,  the  Sheriff  of 
each   county,   and   the   said   Mayors,    Sheriffs,    Bailiffs,   and 
other  head  officers  within  their  cities,  towns,  boroughs,  and 
places  respectively,  shall  take  view  of  the  said  elections,  and 
shall  make  return  into  the  chancery  within  twenty  days  after 
the  said  elections,  of  the  persons  elected  by  the  greater  num- 
ber of  electors,  under  their  hands  and  seals,  between  him  on 
the  one  part,  and  the  electors  on  the  other  part ;  wherein  shall 
be  contained,  that  the  persons  elected  shall  not  have  power  to 
alter  the   government  as  it   is  hereby  settled   in   one   single 
person  and  a  Parliament. 

XIII.  That  the  Sheriff,  who  shall  wittingly  and  willingly 
make  any  false  return,  or  neglect  his  duty,  shall  incur  the 
penalty  of  2000  marks   of  lawful   English   money ;   the   one 
moiety  to  the  Lord  Protector,  and  the  other  moiety  to  such 
person  as  will  sue  for  the  same. 

XIV.  That  all  and  every  person  and  persons,  who  have 
aided,  advised,  assisted,  or  abetted  in  any  war  against  the 
Parliament,  since  the  first  day  of  January,  1641   (unless  they 
have  been  since  in  the  service  of  the  Parliament,  and  given 
signal  testimony  of  their  good  affection  thereunto)   shall  be 
disabled  and  incapable  to  be  elected,  or  to  give  any  vote  in 
the  election  of  any  members  to  serve  in  the  next  Parliament, 
or  in  the  three  succeeding  Triennial  Parliaments. 

XV.  That  all  such,  who  have  advised,  assisted,  or  abetted 
the  rebellion  of  Ireland,  shall  be  disabled  and  incapable  for 
ever  to  be  elected,  or  give  any  vote  in  the  election  of  any 
member  to  serve  in  Parliament ;  as  also  all  such  who  do  or 
shall  profess  the  Roman  Catholic  religion. 

XVI.  That  all  votes  and  elections  given  or  made  contrary, 
or  not   according  to  these  qualifications,   shall   be  null   and 
void;  and  if  any  person,  who  is  hereby  made  incapable,  shall 
give  his  vote  for  election  of  members  to  serve  in  Parliament, 
such  person  shall  lose  and  forfeit  one  full  year's  value  of  his 
real  estate,  and  one  full  third  part  of  his  personal  estate ;  one 
moiety  thereof  to  the  Lord  Protector,  and  the  other  moiety 
to  him  or  them  who  shall  sue  for  the  same. 

XVII.  That  the  persons  who  shall  be  elected  to  serve  in 
Parliament,  shall  be  such   (and  no  other  than  such)   as  are 
persons  of  known  integrity,  fearing  God,  and  of  good  conver- 
sation, and  being  of  the  age  of  twenty-one  years, 


ENGLAND  A  COMMONWEALTH  381 

XVIII.  That  all  and  every  person  and  persons  seised  or 
possessed  to  his  own  use,  of  any  estate,  real  or  personal,  to 
the  value  of  £200,  and  not  within  the  aforesaid  exceptions, 
shall  be  capable  to  elect  members  to  serve  in  Parliament  for 
counties. 

XIX.  That  the  Chancellor,  Keeper,  or  Commissioners  of 
the  Great  Seal,  shall  be  sworn  before  they  enter  into  their 
offices,  truly  and  faithfully  to  issue  forth,  and  send  abroad, 
writs  of  summons  to   Parliament,   at  the  times  and  in  the 
manner  before  expressed:  and  in  case  of  neglect  or  failure 
to  issue  and  send  abroad  writs  accordingly,  he  or  they  shall 
for  every  such  offence  be  guilty  of  high  treason,  and  suffer 
the  pains  and  penalties  thereof. 

XX.  That  in  case  writs  be  not  issued  out,  as  is  before  ex- 
pressed, but  that  there  be  a  neglect  therein,   fifteen  days 
after  the  time  wherein  the  same  ought  to  be  issued  out  by  the 
Chancellor,   Keeper,   or   Commissioners   of  the   Great   Seal ; 
that  then  the  Parliament  shall,  as  often  as  such  failure  shall 
happen,  assemble  and  be  held  at  Westminster,  in  the  usual 
place,  at  the  times  prefixed,  in  manner  and  by  the  means 
hereafter  expressed;  that  is  to  say,  that  the  sheriffs  of  the 
several  and  respective  counties,  sheriffdoms,  cities,  boroughs, 
and  places  aforesaid  within  England,  Wales,  Scotland,  and 
Ireland,  the  Chancellor,  Masters,  and  Scholars  of  the  Uni- 
versities  of   Oxford   and   Cambridge,   and   the    Mayor   and 
Bailiffs  of  the  borough  of  Berwick-upon-Tweed,  and  other 
places  aforesaid  respectively,  shall  at  the  several  courts  and 
places  to  be  appointed  as  aforesaid,  within  thirty  days  after 
the  said  fifteen  days,  cause  such  members  to  be  chosen  for 
their  said  several  and  respective  counties,  sheriffdoms,  uni- 
versities, cities,  boroughs,  and  places  aforesaid,  by  such  per- 
sons, and  in  such  manner,  as  if  several  and  respective  writs 
of  summons  to  Parliament  under  the  Great  Seal  had  issued 
and  been  awarded  according  to  the  tenor  aforesaid :  that  if 
the  sheriff,  or  other  persons  authorised,  shall  neglect  his  or 
their  duty  herein,  that  all  and  every  such  sheriff  and  person 
authorised    as    aforesaid,    so    neglecting   his    or   their   duty, 
shall,  for  every  such  offence,  be  guilty  of  high  treason,  and 
shall  suffer  the  pains  and  penalties  thereof. 

XXI.  That  the  clerk,   called  the   clerk  of  the   Common- 
wealth in  Chancery  for  the  time  being,  and  all  others,  who 
shall   afterwards  execute  that  office,   to  whom  the   returns 
shall  be  made,  shall  for  the  next  Parliament,  and  the  two 
succeeding  triennial  Parliaments,  the  next  day  after  such  re- 


382  SOURCE-BOOK  OF  ENGLISH  HISTORY 

turn,  certify  the  names  of  the  several  persons  so  returned, 
and  of  the  places  for  which  he  and  they  were  chosen  respect- 
ively, unto  the  Council ;  who  shall  peruse  the  said  returns, 
and  examine  whether  the  persons  so  elected  and  returned  be 
such  as  is  agreeable  to  the  qualifications,  and  not  disabled  to 
be  elected :  and  that  every  person  and  persons  being  so  duly 
elected,  and  being  approved  of  by  the  major  part  of  the 
Council  to  be  persons  not  disabled,  but  qualified  as  afore- 
said, shall  be  esteemed  a  member  of  Parliament,  and  be  ad- 
mitted to  sit  in  Parliament,  and  not  otherwise. 

XXII.  That  the  persons  so  chosen  and  assembled  in  man- 
ner aforesaid,  or  any  sixty  of  them,  shall  be,  and  be  deemed 
the  Parliament  of  England,  Scotland,  and  Ireland ;  and  the 
supreme  legislative  power  to  be  and  reside  in  the  Lord  Pro- 
tector and  such  Parliament,  in  manner  herein  expressed. 

XXIII.  That  the  Lord  Protector,  with  the  advice  of  the 
major  part  of  the  Council,  shall  at  any  other  time  than  is 
before   expressed,   when   the   necessities   of   the    State    shall 
require  it,  summon  Parliaments  in  manner  before  expressed, 
which  shall  not  be  adjourned,  prorogued,  or  dissolved  with- 
out their  o\vn  consent,  during  the  first  three  months  of  their 
sitting.     And  in  case  of  future  war  with  any  foreign  State, 
a  Parliament  shall  be  forthwith  summoned  for  their  advice 
concerning  the  same. 

XXIV.  That  all  Bills  agreed  unto  by  the  Parliament,  shall 
be  presented  to  the  Lord  Protector  for  his  consent;  and  in 
case  he  shall  not  give  his  consent  thereto  within  twenty  days 
after  they  shall  be  presented  to  him,  or  give  satisfaction  to 
the  Parliament  within  the  time  limited,  that  then,  upon  de- 
claration of  the  Parliament  that  the  Lord  Protector  hath  not 
consented  nor  given  satisfaction,  such  Bills  shall  pass  into 
and  become   laws,   although   he   shall   not   give   his   consent 
thereunto;    provided    such    Bills    contain    nothing    in    them 
contrary  to  the  matters  contained  in  these  presents. 

XXV.  That  Henry  Lawrence,  Esq.,  [The  names  of  fifteen 
members  follow],  or  any  seven  of  them,  shall  be  a  Council 
for  the  purposes  expressed  in   this  writing ;    and  upon   the 
death  or  other  removal  of  any  of  them,  the  Parliament  shall 
nominate  six  persons  of  ability,  integrity,  and  fearing  God, 
for  every  one  that  is  dead  or  removed;    out  of  which  the 
major  part  of  the  Council  shall  elect  two,  and  present  them 
to  the  Lord  Protector,  of  which  he  shall  elect  one;    and  in 
case  the  Parliament  shall  not  nominate  within  twenty  days 
after  notice  given  unto  them  thereof,  the  major  part  of  the 


ENGLAND  A  COMMONWEALTH.  3*3 

Council  shall  nominate  three  as  aforesaid  to  the  Lord  Pro- 
tector, who  out  of  them  shall  supply  the  vacancy;  and  until 
this  choice  be  made,  the  remaining  part  of  the  Council  shall 
execute  as  fully  in  all  things,  as  if  their  number  were  full. 
And  in  case  of  corruption,  or  other  miscarriage  in  any  of  the 
Council  in  their  trust,  the  Parliament  shall  appoint  seven  of 
their  number,  and  the  Council  six,  who,  together  with  the 
Lord  Chancellor,  Lord  Keeper,  or  Commissioners  of  the 
Great  Seal  for  the  time  being,  shall  have  power  to  hear  and 
determine  such  corruption  and  miscarriage,  and  to  award 
and  inflict  punishment,  as  the  nature  of  the  offence  shall 
deserve,  which  punishment  shall  not  be  pardoned  or  remitted 
by  the  Lord  Protector;  and,  in  the  interval  of  Parliaments, 
the  major  part  of  the  Council,  with  the  consent  of  the  Lord 
Protector,  may,  for  corruption  or  other  miscarriage  as  afore- 
said, suspend  any  of  their  number  from  the  exercise  of  their 
trust,  if  they  shall  find  it  just,  until  the  matter  shall  be  heard 
and  examined  as  aforesaid. 

XXVI.  That  the  Lord  Protector  and  the  major  part  of 
the  Council  aforesaid  may,  at  any  time  before  the  meeting 
of  the  next  Parliament,  add  to  the  Council  such  persons  as 
they  shall  think  fit,  provided  the  number  of  the  Council  be 
not  made  thereby  to  exceed  twenty-one,  and  the  quorum  to 
be  proportioned  accordingly  by  the  Lord  Protector  and  the 
major  part  of  the  Council. 

XXVII.  That  a  constant  yearly  revenue  shall  be  raised, 
settled,  and  established  for  maintaining  of  10,000  horse  and 
dragoons,  and  20,000  foot,  in  England,  Scotland  and  Ireland, 
for  the  defence  and  security  thereof,  and  also  for  a  con- 
venient number  of  ships  for  guarding  of  the  seas;    besides 
£200,000    per    annum    for    defraying    the    other    necessary 
charges  of  administration  of  justice,  and  other  expenses  of 
the    Government,    which    revenue    shall    be    raised    by    the 
customs,  and  such  other  ways  and  means  as  shall  be  agreed 
upon  by  the  Lord  Protector  and  the  Council,  and  shall  not 
be  taken  away  or  dimished,  nor  the  way  agreed  upon  for 
raising  the  same  altered,  but  by  the  consent  of  the  Lord  Pro- 
tector and  the  Parliament. 

XXVIII.  That  the  said  yearly  revenue  shall  be  paid  into 
the  public  treasury,  and  shall  be  issued  out  for  the  uses 
aforesaid. 

XXIX.  That  in  case  there  shall  not  be  cause  hereafter  to 
keep  up  so  great  a  defence  both  at  land  or  sea,  but  that  there 
be  an  abatement  made  thereof,   the  money  which  will  be 


384  SOURCE-BOOK  OP  ENGLISH  HISTORY 

saved  thereby  shall  remain  in  bank  for  the  public  service, 
and  not  be  employed  to  any  other  use  but  by  consent  of 
Parliament,  or,  in  the  intervals  of  Parliament,  by  the  Lord 
Protector  and  major  part  of  the  Council. 

XXX.  That  the  raising  of  money  for  defraying  the  charge 
of  the  present  extraordinary  forces,  both  at  sea  and  land,  in 
respect  of  the  present  wars,  shall  be  by  consent  of  Parlia- 
ment, and  not  otherwise :  save  only  that  the  Lord  Protector, 
with  the  consent  of  the  major  part  of  the  Council,  for  pre- 
venting the  disorders  and  dangers  which  might  otherwise  fall 
out  both  by  sea  and  land,  shall  have  power,  until  the  meeting 
of   the   first   Parliament,   to   raise   money   for   the   purposes 
aforesaid ;  and   also   to   make   laws   and   ordinances   for   the 
peace  and  welfare  of  these  nations  where  it  shall  be  necess- 
ary, which  shall  be  binding  and  in  force,  until  order  shall  be 
taken  in  Parliament  concerning  the  same. 

XXXI.  That  the  lands,  tenements,  rents,  royalties,  juris- 
dictions   and    hereditaments    which    remain    yet    unsold    or 
undisposed  of,  by  Act  or  Ordinance  of  Parliament,  belonging 
to  the  Commonwealth  (except  the  forests  and  chases,  and  the 
honours  and  manors  belonging  to  the  same;  the  lands  of  the 
rebels  in  Ireland,  lying  in  the  four  counties  of  Dublin,  Cork, 
Kildare,   and  Carlow ;    the  lands  forfeited  by  the  people  of 
Scotland  in  the  late  wars,  and  also  the  lands  of  Papists  and 
delinquents  in  England  who  have  not  yet  compounded),  shall 
be  vested  in  the  Lord  Protector,  to  hold,  to  him  and  his  suc- 
cessors, Lords  Protectors  of  these  nations,  and  shall  not  be 
alienated  but  by  consent  in  Parliament.     And  all  debts,  fines, 
issues,  amercements,  penalties  and  profits,  certain  and  casual, 
due  to  the  Keepers  of  the  liberties  of  England  by  authority 
of  Parliament,  shall  be  due  to  the  Lord  Protector,   and  be 
payable  into  his  public  receipt,  and  shall  be  recovered  and 
prosecuted  in  his  name. 

XXX  That  the  office  of  Lord  Protector  over  these  nations 
shall  be  elective  and  not  hereditary ;  and  upon  the  death  of 
the  Lord  Protector,  another  fit  person  shall  be  forthwith 
elected  to  succeed  him  in  the  Government;  which  election 
shall  be  by  the  Council,  who,  immediately  upon  the  death  of 
the  Lord  Protector,  shall  assemble  in  the  Chamber  where 
they  usually  sit  in  Council ;  and,  having  given  notice  to  all 
their  members  of  the  cause  of  their  assembling,  shall,  being 
thirteen  at  least  present,  proceed  to  the  election ;  and,  before 
they  depart  the  said  Chamber,  shall  elect  a  fit  person  to 
succeed  in  the  Government,  and  forthwith  cause  proclama- 


ENGLAND  A  COMMONWEALTH  3»S 

tion  thereof  to  be  made  in  all  the  three  nations  as  shall  be 
requisite;  and  the  person  that  they,  or  the  major  part  of 
them,  shall  elect  as  aforesaid,  shall  be,  and  shall  be  taken  to 
be,  Lord  Protector  over  these  nations  of  England,  Scotland 
and  Ireland,  and  the  dominions  thereto  belonging.  Provided 
that  none  of  the  children  of  the  late  King,  nor  any  of  his  line 
or  family,  be  elected  to  be  Lord  Protector  or  other  Chief 
Magistrate  over  these  nations,  or  any  the  dominions  thereto 
belonging.  And  until  the  aforesaid  election  be  past,  the 
Council  shall  take  care  of  the  Government,  and  administer  in 
all  things  as  fully  as  the  Lord  Protector,  or  the  Lord  Pro- 
tector and  Council  are  enabled  to  do. 

XXXIII.  That  Oliver  Cromwell,  Captain-General  of  the 
forces  of  England,   Scotland  and  Ireland,  shall  be,  and  is 
hereby  declared  to  be,  Lord  Protector  of  the  Commonwealth 
of  England,  Scotland  and  Ireland,  and  the  dominions  thereto 
belonging,  for  his  life. 

XXXIV.  That  the  Chancellor,  Keeper  or  Commissioners 
of  the  Great  Seal,  the  Treasurer,  Admiral,  Chief  Governors 
of  Ireland  and  Scotland,  and  the  Chief  Justices  of  both  the 
Benches,  shall  be  chosen  by  the  approbation  of  Parliament ; 
and,  in  the  intervals  of  Parliament,  by  the  approbation  of  the 
major  part  of  the  Council,  to  be  afterwards  approved  by  the 
Parliament. 

XXXV.  That  the  Christian  religion,  as  contained  in  the 
Scriptures,  be  held   forth   and  recommended  as  the  public 
profession  of  these  nations ;  and  that,  as  soon  as  may  be,  a 
provision,  less  subject  to  scruple  and  contention,  and  more 
certain  than  the  present,  be  made  for  the  encouragement  and 
maintenance  of  able  and  painful  teachers,  for  instructing  the 
people,  and  for  discovery  and  confutation  of  error,  hereby, 
and  whatever  is  contrary  to  sound  doctrine;  and  that  until 
such  provision  be  made,  the  present  maintenance  shall  not  be 
taken  away  or  impeached. 

XXXVI.  That  to  the  public  profession  held  forth  none 
shall  be  compelled  by  penalties  or  otherwise;    but  that  en- 
deavours be  used  to  win  them  by  sound  doctrine  and  the 
example  of  a  good  conversation. 

XXXVII.  That   such   as   profess   faith   in   God  by  Jesus 
Christ  (though  differing  in  judgment  from  the  doctrine,  wor- 
ship or  discipline  publicly  held  forth)  shall  not  be  restrained 
from,  but  shall  be  protected  in,  the  profession  of  the  faith 
and   exercise   of  their   religion;  so   as   they   abuse   not   this 
liberty  to  the  civil  injury  of  others  and  to  the  actual  dis- 


386  SOURCE-BOOK  OF  ENGLISH  HISTORY 

turbance  of  the  public  peace  on  their  parts:  provided  this 
liberty  be  not  extended  to  Popery  or  Prelacy,  nor  to  such  as, 
under  the  profession  of  Christ,  hold  forth  and  practise  licen- 
tiousness. 

XXXVIII.  That  all  laws,   statutes   and  ordinances,   and 
clauses  in  any  law,  statute  or  ordinance  to  the  contrary  of 
the  aforesaid  liberty,  shall  be  esteemed  as  null  and  void. 

XXXIX.  That   the   Acts   and   Ordinances   of   Parliament 
made  for  the  sale  or  other  disposition  of  the  lands,  rents  and 
hereditaments  of  the  late  King,  Queen,  and  Prince,  of  Arch- 
bishops and  Bishops,  etc.,  Deans  and  Chapters,  the  lands  of 
delinquents  and  forest-lands,  or  any  of  them,  or  of  any  other 
lands,  tenements,  rents  and  hereditaments  belonging  to  the 
Commonwealth,  shall  nowise  be  impeached  or  made  invalid, 
but  shall  remain  good  and  firm;  and  that  the  securities  given 
by  Act  and  Ordinance  of  Parliament  for  any  sum  or  sums  of 
money,  by  any  of  the  said  lands,  the  excise,  or  any  other 
public  revenue ;  and  also  the  securities  given  by  the  public 
faith  of  the  nation,  and  the  engagement  of  the  public  faith 
for  satisfaction  of  debts  and  damages,  shall  remain  firm  and 
good,  and  not  be  made  void  and  invalid  upon  any  pretence 
whatsoever. 

XL.  That  the  Articles  given  to  or  made  with  the  enemy, 
and  afterwards  confirmed  by  Parliament,  shall  be  performed 
and  made  good  to  the  persons  concerned  therein ;  and  that 
such  appeal  as  were  depending  in  the  last  Parliament  for 
relief  concerning  bills  of  sale  of  delinquents'  estates,  may  be 
heard  and  determined  the  next  Parliament,  any  thing  in  this 
writing  or  otherwise  to  the  contrary  notwithstanding. 

XLI.  That  every  successive  Lord  Protector  over  these 
nations  shall  take  and  subscribe  a  solemn  oath,  in  the 
presence  of  the  Council,  and  such  others  as  they  shall  call  to 
them,  that  he  will  seek  the  peace,  quiet  and  welfare  of  these 
nations,  cause  law  and  justice  to  be  equally  administered: 
and  that  he  will  not  violate  or  infringe  the  matters  and 
things  contained  in  this  writing,  and  in  all  other  things  will, 
to  his  power  and  to  the  best  of  his  understanding,  govern 
these  nations  according  to  the  laws,  statutes  and  customs 
thereof. 

XLII.  That  each  person  of  the  Council  shall,  before  they 
enter  upon  their  trust,  take  and  subscribe  an  oath,  that  they 
will  be  true  and  faithful  in  their  trust,  according  to  the  best 
of  their  knowledge;  and  that  in  the  election  of  every  suc- 
cessive Lord  Protector  they  shall  proceed  therein  impartially, 


ENGLAND  A  COMMONWEALTH  387 

and  do  nothing  therein   for  any  promise,   fear,   favour  or 
reward. 

(Parliamentary  History,  ed.  cit.,  XX,  248.) 

168.   Cromwell  disciplines  his  First  Parliament 

Goddard 

The  first  Parliament  of  the  Commonwealth  met  in  September, 
1654.  Its  members  seemed  to  be  resolved  to  take  from  Crom- 
well much  of  the  power  which  he  considered  necessary  to  the 
office  of  Lord  Protector.  These  members  desired  to  make 
absolute  the  authority  of  Parliament.  Some  of  them  were 
anxious  to  set  aside  the  Instrument  of  Government;  others  had 
no  love  for  the  Commonwealth  or  its  leaders.  So  great  was  the 
popular  dissatisfaction,  so  imminent  was  the  danger  that  the 
royalists  might  regain  power,  that  Cromwell  resolved  upon  a 
desperate  remedy.  He  proposed  to  the  members  of  Parliament 
a  form  of  oath  of  allegiance,  binding  them  to  himself  and  his 
form  of  government  and  pledging  them  not  to  alter  that  form. 
All  members  who  refused  to  subscribe  to  this  oath  he  turned  out 
of  the  House.  An  account  of  this  high-handed,  though  —  from 
the  Puritan  point  of  view  —  justifiable  proceeding,  is  given  in 
the  following  selection. 

Tuesday  12.  [Sept.  1654.]  This  morning  news  was  brought 
to  the  Herald's  Office,  where  I  lay,  with  my  brother  Bish,  that 
the  Parliament  House  was  dissolved,  and  that,  for  certain, 
the  Council  of  State  and  Council  of  War,  had  sat  together  all 
the  Sabbath-day  before,  and  had  then  contrived  this  dissolu- 
tion. Notwithstanding,  I  was  resolved  to  go  to  Westminster, 
to  satisfy  myself  of  the  truth,  and  to  take  my  share  of  what 
I  should  see  or  learn  there. 

Going  by  water  to  Westminster,  I  was  told  that  the  Par- 
liament doors  were  locked  up  and  guarded  with  soldiers,  and 
the  barges  were  to  attend  the  Protector  to  the  Painted  Cham- 
ber. As  I  went,  I  saw  two  barges  at  the  Privy  Stairs. 
Being  come  to  the  Hall,  I  was  confirmed  in  what  I  had 
heard.  Nevertheless,  I  did  purpose  not  to  take  things  merely 
upon  trust,  but  would  receive  an  actual  repulse,  to  confirm 
my  faith. 

Accordingly,  I  attempted  up  the  Parliament-stairs,  but 
there  was  a  guard  of  soldiers,  who  told  me  there  was  no 
passage  that  way;  that  the  House  was  locked  up,  and  com- 
mand given  to  give  no  admittance  to  any.  That,  if  I  were  a 
member,  I  might  go  into  the  Painted  Chamber,  where  the 
Protector  would  presently  be. 

The  mace  was  taken  away  by  Commissary-general  Whal- 
ley.  The  Speaker  and  all  the  members  were  walking  up  and 
down  the  Hall,  the  Court  of  Requests,  and  the  Painted  Cham- 


388  SOURCE-BOOK  OF  ENGLISH  HISTORY 

her,  expecting  the  Protector's  coming;  the  passages  there, 
being  likewise  guarded  with  soldiers. 

The  Protector  coming  about  ten  of  the  clock,  attended 
with  his  officers,  life-guard,  and  halberds,  he  took  his  place 
upon  the  scaffold,  where  it  was  before,  and  made  a  speech 
of  about  an  hour  and  a-half  long.  Wherein  he  did  not  for- 
bear to  tell  us,  that  he  did  expect  and  hope  for  better  fruit 
and  effect  of  our  last  meeting  in  that  place  than  he  had 
yet  found;  that  he  perceived  there  was  a  necessity  upon  him 
to  magnify,  as  he  called  it,  his  office.  He  told  us  a  large 
series  of  the  providences  of  God  and  the  suffrages  of  the 
people,  which  were  so  many  witnesses,  evidences,  and  seals, 
of  his  calling  to  the  government,  and  which  did  cause  him  to 
put  a  greater  value  upon  his  title  so  derived,  than  upon  the 
broken  hereditary  title  of  any  prince  whatsoever.  That 
having  received  his  office  from  God  and  from  the  people, 
he  was  resolved  never  to  part  with  it,  until  God  and  the 
people  should  take  it  from  him. 

That  it  could  not  be  expected,  when  he  told  us  before,  that 
we  were  a  free  Parliament,  that  he  meant  it  otherwise  free 
than  as  it  should  act  under  the  government.  That  those 
pitiful  forwardnesses  and  peevishnesses,  which  were  abroad, 
he  valued  no  more  than  the  motes  in  the  sun.  But  that  the 
Parliament  should  now  dispute  his  office  under  whose  au- 
thority we  were  then  met,  was  a  great  astonishment  to  him. 

That  he  was  unwilling  to  break  privileges ;  but  necessity 
had  no  law. 

He  told  us,  he  had  ordered  the  Parliament  doors  to  be 
locked  up  and  guarded,  and  had  appointed  an  officer  to  take 
subscriptions  to  a  recognition  of  his  authority;  which  being 
done  might  give  us  an  entrance.  Which  being  said,  we  were 
dismissed  about  eleven  o'clock. 

His  party,  that  is,  courtiers  and  officers  of  the  army,  and 
some  others,  presently  subscribed.  Before  they  adjourned, 
which  was  about  twelve  of  the  clock,  there  were  about  one 
hundred  subscriptions;  which  being  entered,  they  sent  for 
the  Speaker,  who  came,  subscribed,  entered,  and  adjourned 
until  two  of  the  clock. 

In  the  mean  time,  the  rest  of  the  members  consulted  one 
another's  judgments.  I  went  to  see  what  it  was  that  we  were 
to  subscribe  unto.  It  was  written  in  a  long  piece  of  parch- 
ment in  these  words,  or  to  that  effect,  viz. : 

"I  do  hereby  freely  promise  and  engage,  that  I  will  be  true 
and  faithful  to  the  Lord  Protector  and  the  Commonwealth 


ENGLAND  A  COMMONWEALTH  389 

of  England,  Scotland,  and  Ireland,  and  that  according  to  the 
tenor  of  the  indentures  whereby  I  am  returned  to  serve  in 
this  present  Parliament,  I  will  not  propose,  or  consent  to  alter 
the  government  as  it  is  settled  in  a  sole  person  and  the  Parlia- 
ment." 

Our  Norfolk  members  did  not  presently  subscribe,  saving 
only  Mr.  Frere,  who  instantly  subscribed  it.  The  rest  of  our 
members  did  most  of  us  dine  together,  purposely  to  consult 
what  was  fittest  to  be  done  in  so  great  an  exigent,  in  order 
to  the  discharge  of  our  trust.  And,  truly,  the  subscription 
was,  in  effect,  no  more  than  what  we  were  restrained  unto  by 
our  Indentures,  and  the  thing  would  be  done  without  us,  and 
we  had  fairly  contended  for  it :  we  had  not  given  the  ques- 
tion, but  it  was  forced  from  us,  and  we  were  told  that  plainly 
it  must  be  so.  For  these  and  several  other  considerations 
and  reasons,  which  we  thought  ought  to  prevail  with  men 
preferring  the  peace  of  our  countries  and  the  safety  of  our 
people  immediately  concerned  in  this  affair,  before  passions 
and  humours,  we  thought  fit  rather  to  give  way  to  the  present 
necessity,  and  to  comply  with  it  by  submitting  than  refusing. 
Accordingly  we  did  subscribe,  all  except  Mr.  Woodhouse, 
Mr.  Hobart,  and  Mr.  Church.  And  although  we  condemn  th : 
breach  of  privilege  as  much  as  any,  yet  we  doubt  not  but  to 
acquit  ourselves  to  God,  and  to  our  country,  in  so  doing, 
rather  than  to  put  the  nation  into  another  combustion  and 
confusion. 

After  we  had  subscribed,  we  went  into  the  House,  and 
after  some  expressions  of  tenderness  and  respects  to  our 
fellow  members  without,  we  adjourned  until  Thursday  morn- 
ing ;  the  next  day,  Wednesday,  being  the  Fast. 

{An  Account  of  the  Parliament  of 1654  from  the  Journal  of  Guibon  Goddard, 
in  Diary  of  Thomas  Burton,  ed.  G.  T.  Ruth,  Loud.,  1828,  vol.  I,  p.  xxxii.) 

169.   Cromwell  and  the  Kingship 

Keunett 

That  Cromwell  desired  to  be  king  seems,  in  this  day,  fully 
established.  When  matters  had  been  so  arranged  that  the  crown 
seemed  within  his  grasp,  and  while  the  voice  of  the  army  had 
not  yet  been  raised  to  warn  him  that  his  acceptance  of  the  king- 
ship would  lead  to  his  overthrow,  Cromwell  took  counsel  with 
his  intimates  upon  the  wisdom  of  the  step.  The  following  ac- 
count of  his  interview  with  Whitlock  is  most  characteristic. 

Upon  this  juncture  Cromwell  advises  with  Commissioner 
Whitlock  how  to  maintain  all  things  in  order  and  obedience ; 
"What  if  a  man  should  take  upon  him  to  be  King?"  Whit- 


39°  SOURCE-BOOK  OF  ENGLISH  HISTORY 

lock,  "I  think  that  remedy  would  be  worse  than  the  disease." 
Cromwell,  "Why  do  you  think  so?"  W hillock,  "As  to  your 
own  person  the  title  of  king  would  be  of  no  advantage,  be- 
cause you  have  the  full  kingly  power  in  you  already  con- 
cerning the  militia,  as  you  are  general.  As  to  the  nomina- 
tion of  civil  officers,  those  whom  you  think  fittest  are  sel- 
dom refused :  and  altho'  you  have  no  negative  vote  in  the 
passing  of  laws,  yet  what  you  dislike  will  not  easily  be 
carried;  and  the  taxes  are  already  settled  and  in  your  power 
to  dispose  the  money  raised.  And  as  to  foreign  affairs,  tho' 
the  ceremonial  application  be  made  to  the  Parliament,  yet  the 
expectation  of  good  or  bad  success  in  it  is  from  your  Ex- 
cellency ;  and  particular  solicitations  of  foreign  ministers 
are  made  to  you  only.  So  that  I  apprehend  indeed  less  envy 
and  danger  and  pomp,  but  not  less  power  and  real  op- 
portunities of  doing  good  in  your  being  general,  than  would 
be  if  you  had  assumed  the  title  of  king."  Cromwell  went 
on  to  argue,  that  whoever  was  actually  king  by  election,  the 
acts  done  by  him  were  as  lawful  and  justifiable  as  if  done 
by  a  king  who  had  the  crown  by  inheritance ;  and  that  by 
an  act  of  Parliament  in  Henry  VIFs  time,  it  was  safer  for  the 
people  to  act  under  a  king  (let  his  title  be  what  it  will)  than 
under  any  other  power. 

Whitlock  agreed  to  the  legality,  but  questioned  the  ex- 
pediency of  it;  and  being  asked  what  danger  he  apprehended, 
answered  thus,  "The  danger  I  think  would  be  this :  one  of  the 
main  points  of  controversy  between  us  and  our  adversaries 
is  whether  the  government  of  this  nation  shall  be  established 
in  monarchy  or  in  free  state  or  a  commonwealth ;  and  most 
of  our  friends  have  engaged  with  us  upon  the  hopes  of  having 
the  government  settled  in  a  free  state;  and  to  effect  that, 
have  undergone  all  their  hazards  and  difficulties.  They 
being  persuaded  (tho'  I  think  much  mistaken)  that  under 
the  government  of  a  commonwealth  they  shall  enjoy  more 
liberty  and  right,  both  as  to  their  spiritual  and  civil  con- 
cernments than  they  shall  under  monarchy,  the  pressures  and 
dislikes  whereof  are  so  fresh  in  their  memories  and  suffer- 
ings. Now  if  your  Excellency  shall  take  upon  you  the  title 
of  king,  this  state  of  your  cause  will  be  thereby  wholly  deter- 
mined, and  monarchy  established  in  your  person,  and  the 
question  will  be  no  more,  whether  our  government  shall  be  by 
a  monarch  or  by  a  free  state,  but  whether  Cromwell  or  Stuart 
shall  be  our  king  or  monarch  ?  And  that  question  wherein 
before  so  great  parties  of  the  nation  were  engaged,  and 


ENGLAND  A  COMMONWEALTH  39' 

which  was  universal,  will  by  this  means  become  in  effect  a 
private  controversy  only.  Before  it  was  national,  what  kind 
of  government  we  should  have?  Now  it  will  become  parti- 
cular, who  shall  be  governour  ?  Whether  of  the  family  of  he 
Stuarts  or  of  the  family  of  the  Cromwells?  Thus  the  state 
of  our  controversy  being  totally  changed,  all  those  who 
were  for  a  commonwealth  (and  they  are  a  very  great  and 
considerable  party)  having  their  hopes  therein  frustrate,  will 
desert  you ;  your  hands  will  be  weakened,  your  interests 
straightened,  and  your  cause  in  apparent  danger  to  be 
ruined."  Cromwell  confessed  he  spoke  reason,  and  desired  to 
know  if  he  could  find  any  other  expedient.  Whitlock,  after 
suggesting  the  danger  he  was  in  from  his  own  officers  and 
from  the  Parliament,  who  were  plotting  to  bring  him  down, 
or  to  clip  his  wings,  proceeded  thus:  "Pardon  me,  Sir,  in  the 
next  place,  a  little  to  consider  the  condition  of  the  King  of 
Scots.  This  prince  being  now  by  your  valour,  and  the  suc- 
cess which  God  has  given  to  the  Parliament,  and  to  the  army 
under  your  command,  reduced  to  a  very  low  condition,  both 
he  and  all  about  him  cannot  but  be  very  inclinable  to  hearken 
to  any  terms,  whereby  their  last  hopes  may  be  revived  of  his 
being  restored  to  the  crown,  and  they  to  their  fortunes  and 
native  country.  By  a  private  treaty  with  him,  you  may 
secure  yourself  and  your  friends,  and  their  fortunes :  you 
may  make  yourself  and  prosterity  as  great  and  permanent, 
to  all  human  probability,  as  ever  any  subject  was,  and  provide 
for  your  friends.  You  may  put  such  limits  to  monarchical 
power,  as  will  secure  our  spiritual  and  civil  liberties:  and 
you  may  secure  the  cause  in  which  we  are  all  engaged.  And 
this  may  be  effectually  done,  by  having  the  power  of  the 
militia  continued  in  yourself,  and  whom  you  shall  agree  upon 
after  you." 

Cromwell  adjourned  the  discourse  to  some  farther  time, 
and  went  off  with  a  countenance  and  carriage  of  displeasure. 
And  Whitlock  says,  "That  Cromwell's  carriage  toward  him 
from  that  time  was  altered,  and  his  advising  with  him  not  so 
frequent  and  intimate  as  before;  and,  that  it  was  not  long 
after,  he  found  an  occasion,  by  an  honourable  employment,  to 
send  him  out  of  the  way,  that  he  might  be  no  obstacle  or 
impediment  to  his  ambitious  designs."  For  certainly  Crom- 
well in  his  thoughts  and  intentions,  was  for  bringing  the 
crown  upon  his  own  head;  and  it  was  a  great  providence 
that  his  friends  would  not  permit  him  to  have  his  own  way. 
However,  to  carry  it  as  far  as  it  would  bear,  he  and  his 


392  SOURCE-BOOK  OF  ENGLISH  HISTORY 

officers  were  always  complaining  of  the  grievance  of  the 
Long  Parliament,  and  were  zealous  and  loud  in  recommend- 
ing to  the  people  the  common  pretences  of  right  and  justice, 
and  public  liberty,  to  put  a  period  to  their  session;  and  if 
they  would  not  shortly  do  it  themselves,  the  army  and  the 
people  must  do  it  for  them. 

(Compleat  History  of  England,  ed.  W.  Kennett,  2nd  ed.,  Lond.,  1719,  III,  204.) 

170.   Richard  Cromwell  becomes  Lord  Protector 

Kennett 

At  the  death  of  Oliver  Cromwell,  his  son  Richard  was  called 
to  office.  The  following  selection  gives  the  proclamation  made 
at  the  installation,  and  also  gives  a  very  valuable  account  of 
the  character  of  the  new  ruler. 

Whereas  it  has  pleased  the  most  wise  God  in  his  provi- 
dence to  take  out  of  this  world  the  most  serene  and  renowned 
Oliver,  late  Ld.  Protector  of  this  Commonwealth:  And  his 
highness  having  in  his  life-time,  according  to  the  Humble 
Petition  and  Advice  declared  and  appointed  the  most  noble 
and  illustrious  the  Lord  Richard,  eldest  son  of  his  late  High- 
ness, to  succeed  him  in  the  government  of  these  nations,  we 
therefore  of  the  Privy  Council,  together  with  the  Lord- 
Mayor,  aldermen  and  citizens  of  London,  the  officers  of  the 
army,  and  numbers  of  other  principal  gentlemen,  do  now 
hereby  with  one  full  voice  and  consent  of  tongue  and  heart, 
publish  and  declare  the  said  noble  and  illustrious  Lord 
Richard  to  be  rightful  Protector  of  this  Commonwealth  of 
England,  Scotland  and  Ireland,  and  the  dominions  and  ter- 
ritories thereto  belonging:  To  whom  we  do  acknowledge 
all  fidelity  and  constant  obedience,  according  to  law,  and  the 
said  Humble  Petition  and  Advice,  with  all  hearty  and  humble 
affections  beseeching  the  Lord,  by  whom  princes  rule,  to 
bless  him  with  long  life,  and  these  nations  with  peace  and 
happiness  under  his  government. 

(signed)          Richard  Chiverton,  Mayor. 
Henry  Laurence,  President. 
And  27  others. 
God  save  his  Highness  Richard  Lord  Protector. 

Then  the  Council  proceeded  to  give  the  oath  of  govern- 
ment to  the  new  Protector,  who  published  a  proclamation  for 
all  officers  to  continue  in  their  places;  and  the  master  of  the 
ceremonies  was  ordered  to  acquaint  all  foreign  ministers 


ENGLAND  A  COMMONWEALTH  393 

with  the  death  of  the  late  Protector,  and  the  succession  of 
his  son  Richard;  which  soon  brought  over  many  new  ambas- 
sadors and  envoys  from  the  neighbour  princes  and  States, 
all  admitted  with  due  ceremony  to  a  solemn  audience  given 
by  his  Highness,  to  condole  the  death  of  his  father,  and  to 
congratulate  his  succession  to  the  government ;  while  infinite 
adresses  came  up  from  all  parts  of  the  three  kingdoms,  to 
compliment  the  new  Protector  with  mighty  professions  of 
public  joy  and  satisfaction,  and  with  solemn  resolutions  and 
promises  of  adhering  to  him  against  all  his  enemies.  And 
indeed  the  general  exultation  of  the  people  and  armies  was 
so  very  great  upon  this  new  succession,  that  it  must  be  im- 
puted more  to  the  common  sense  of  deliverance  from  one 
tyrant,  than  to  their  hopes  or  expectations  from  this  other 
Protector;  who  was  raised  to  the  government  without  any 
respect  or  good  opinion  in  the  minds  of  the  people  or  the 
soldiers.  For  he  had  been  neither  a  military  man  nor  a 
statesman ;  rather  an  honest  country  gentleman,  bred  to 
privacy  and  sports,  and  willing  to  serve  his  neighbours,  and 
even  the  cavaliers,  by  the  little  interest  he  had  in  his  father's 
court.  His  own  father  seemed  to  have  the  least  affection 
and  lowest  opinion  of  this  son,  among  all  his  other  children : 
He  never  trusted  him  in  any  command,  nor  employed  him  in 
any  true  business :  He  made  him  indeed  Chancellor  of  Ox- 
ford, and  put  him  at  the  top  of  the  other  House  in  Parliament : 
but  this  was  rather  for  the  honour  of  his  family,  than  for  the 
love  of  his  son.  He  never  let  him  into  any  secrets  of  policy 
nor  any  arts  of  war;  and  therefore  it  is  plain,  he  never  de- 
signed him  for  his  successor,  because  he  never  trained  him 
up  to  it. 

(Kennett,  ei  cit.,  Ill,  p.  228.) 


CHAPTER    XXIII 

THE    RESTORATION 


171.   The  Declaration  of  Breda 

(April  4,  1660) 

Parliamentary  History 

In  the  Declaration  of  Breda  Charles  II.  set  forth  the  principles 
on  which  he  promised  to  rule  England.  The  difference  between 
these  promises  and  their  fulfilment  presents  an  interesting  study 
on  the  theory  and  practice  of  kingcraft. 

Charles  R. 

Charles,  by  the  grace  of  God,  King  of  England,  Scotland, 
France  and  Ireland,  Defender  of  the  Faith,  etc.  To  all  our 
loving  subjects,  of  what  degree  or  quality  soever,  greeting. 

If  the  general  distraction  and  confusion  which  is  spread 
over  the  whole  kingdom  doth  not  awaken  all  men  to  a  desire 
and  longing  that  those  wounds  which  have  so  many  years 
together  been  kept  bleeding,  may  be  bound  up,  all  we  can  say 
will  be  to  no  purpose ;  however,  after  this  long  silence,  we 
have  thought  it  our  duty  to  declare  how  much  we  desire  to 
contribute  thereunto;  and  that  as  we  can  never  give  over 
the  hope,  in  good  time,  to  obtain  the  possession  of  that  right 
which  God  and  nature  hath  made  our  due,  so  we  do  make 
it  our  daily  suit  to  the  Divine  Providence,  that  He  will,  in 
compassion  to  us  and  our  subjects  after  so  long  misery  and 
sufferings,  remit  and  put  us  into  a  quiet  and  peaceable  pos- 
session of  that  our  right,  with  as  little  blood  and  damage  to 
our  people  as  is  possible ;  nor  do  we  desire  more  to  enjoy 
what  is  ours,  than  that  all  our  subjects  may  enjoy  what  by 
law  is  theirs,  by  a  full  and  entire  administration  of  justice 
throughout  the  land,  and  by  extending  our  mercy  where  it 
is  wanted  and  deserved. 

And  to  the  end  that  the  fear  of  punishment  may  not 
engage  any,  conscious  to  themselves  of  what  is  past,  to  a 
perseverance  in  guilt  for  the  future,  by  opposing  the  quiet 

394 


THE  RESTORATION  395 

and  happiness  of  their  country,  in  the  restoration  of  King, 
Peers  and  people  to  their  just,  ancient  and  fundamental 
rights,  we  do,  by  these  presents,  declare,  that  we  do  grant 
a  free  and  general  pardon,  which  we  are  ready,  upon  demand, 
to  pass  under  our  Great  Seal  of  England,  to  all  our  subjects, 
of  what  degree  or  quality  soever,  who,  within  forty  days  after 
the  publishing  hereof,shall  lay  hold  upon  this  our  grace  and 
favour,  and  shall,  by  any  public  act,  declare  their  doing  so, 
and  that  they  return  to  the  loyalty  and  obedience  of  good 
subjects;  excepting  only  such  persons  as  shall  hereafter  be 
excepted  by  Parliament,  those  only  to  be  excepted.  Let  all 
our  subjects,  how  faulty  soever,  rely  upon  the  word  of  a 
King,  solemnly  given  by  this  present  declaration,  that  no 
crime  whatsoever,  committed  against  us  or  our  royal  father 
before  the  publication  of  this,  shall  ever  rise  in  judgment,  or 
be  brought  in  question,  against  any  of  them,  to  the  least 
endamagement  of  them,  either  in  their  lives,  liberties  or 
estates,  or  (as  far  forth  as  lies  in  our  power)  so  much  as  to 
the  prejudice  of  their  reputations,  by  any  reproach  or  term 
of  distinction  from  the  rest  of  our  best  subjects ;  we  desiring 
and  ordaining  that  henceforth  all  notes  of  discord,  separation 
and  difference  of  parties  be  utterly  abolished  among  all  our 
subjects,  whom  we  invite  and  conjure  to  a  perfect  union 
among  themselves,  under  our  protection,  for  the  re-settlement 
of  our  just  rights  and  theirs  in  a  free  Parliament,  by  which, 
upon  the  word  of  a  King,  we  will  be  advised. 

And  because  the  passion  and  uncharitableness  of  the 
times  have  produced  several  opinions  in  religion,  by  which 
men  are  engaged  in  parties  and  animosities  against  each 
other  (which,  when  they  shall  hereafter  unite  in  a  freedom 
of  conversation,  will  be  composed  or  better  understood),  we 
do  declare  a  liberty  to  tender  consciences,  and  that  no  man 
shall  be  disquieted  or  called  in  question  for  differences  of 
opinion  in  matter  of  religion,  which  do  not  disturb  the  peace 
of  the  kingdom ;  and  that  we  shall  be  ready  to  consent  to  such 
an  Act  of  Parliament,  as,  upon  mature  deliberation,  shall  be 
offered  to  us,  for  the  full  granting  that  indulgence. 

And  because  in  the  continued  distractions  of  so  many  years, 
and  so  many  and  great  revolutions,  many  grants  and  pur- 
chases of  estates  have  been  made  to  and  by  many  officers, 
soldiers  and  others,  who  are  now  possessed  of  the  same,  and 
who  may  be  liable  to  actions  at  law  upon  several  titles,  we 
are  likewise  willing  that  all  such  differences,  and  all  things 
relating  to  such  grants,  sales  and  purchases,  shall  be  deter- 


396  SOURCE-BOOK  OF  ENGLISH  HISTORY 

mined   in   Parliament,  which   can  best  provide   for  the   just 
satisfaction  of  all  men  who  are  concerned. 

And  we  do  further  declare,  that  we  will  be  ready  to  consent 
to  any  Act  or  Acts  of  Parliament  to  the  purposes  aforesaid, 
and  for  the  full  satisfaction  of  all  arrears  due  to  the  officers 
and  soldiers  of  the  army  under  the  command  of  General 
Monk;  and  that  they  shall  be  received  into  our  service  upon 
as  good  pay  and  conditions  as  they  now  enjoy. 

Given  under  our  Sign  Manual  and  Privy  Signet, 
at  our  Court  at  Breda,  this  4/14  day  of  April, 
1660,  in  the  twelfth  year  of  our  reign. 

(Parliamentary  History,  ed.  cit.,  XXII,  238.) 

172.   Reception  of  the  Declaration  of  Breda  by  Parliament 

Parliamentary  Intelligencer 

Parliament's  enthusiastic,  if  not  servile,  reception  of  the  com- 
munication from  Charles  II.  is  in  strong  contrast  to  the  actions 
of  that  body  in  the  preceding  decade.  It  may  be  questioned 
whether  either  body  faithfully  expressed  the  will  of  the  majority 
of  the  people ;  but  it  was  evident  that  the  Commonwealth  had 
proved  a  failure  and  that  there  was  in  the  popular  mind  a  strong 
loyalty  to  the  House  of  Stuart.  A  king  was  the  only  means  of 
reconciling  the  warring  factions  and  Parliament  recognized  at 
once  its  necessity  and  opportunity. 

RECEPTION   OF  THE   DECLARATION    OF   BREDA   BY   THE   LORDS 

(May  i,  1660) 

Whitehall,  Tuesday.  —  The  House  of  Lords  being  informed 
that  Sir  John  Grenville  attended  at  the  door  with  a  letter 
from  his  Majesty,  the  earl  of  Manchester,  speaker  to  the 
House  of  Lords,  went  down  near  the  clock  to  receive  it  of 
him.  The  letter  with  a  declaration  enclosed  was  read  in  the 
House,  and  thanks  ordered  to  be  given  to  Sir  John  Grenville 
for  bringing  the  gracious  letter. 

The  House  resolved  that  they  do  own  and  declare  that 
according  to  the  ancient  and  fundamental  laws  of  this  king- 
dom, the  government  is  and  ought  to  be  by  king,  lords,  and 
commons.  That  the  lords  having  a  deep  sense  of  the  miser- 
ies and  distractions  that  the  kingdom  hath  been  involved  in 
since  the  violent  attempts  to  dissolve  the  established  govern- 
ment, do  desire  that  some  way  may  be  considered  how  to 
make  up  these  breaches;  and  to  obtain  the  king's  return 
again  to  his  people. 

(Parliamentary  Intelligencer,  no.  19,  pp.  291,  292  ) 


THE  RESTORATION  397 

BY   THE   COMMONS 

Resolved  —  nemine  contradicente.  That  a  committee  be 
appointed  to  prepare  an  answer  to  his  Majesty's  letter,  ex- 
pressing the  great  and  joyful  sense  of  House  of  his  gracious 
offers  and  their  humble  and  hearty  thanks  to  his  Majesty 
for  the  same,  and  with  professions  of  their  loyalty  and 
duty  to  his  Majesty,  and  that  this  House  will  give  a  speedy 
answer  to  his  Majesty's  gracious  proposals. 

A  committee  was  appointed  accordingly. 

Resolved  —  nemine  contradicente. 

That  the  sum  of  £50,000 
be  presented  to  his  Majesty  by  the  House. 

Tuesday  afternoon.  —  Resolved  that  this  House  doth  agree 
with  the  lords  and  do  own  and  declare,  that  according  to  the 
ancient  and  fundamental  laws  of  this  kingdom,  the  govern- 
ment is  and  ought  to  be  by  king,  lords,  and  commons. 

{Parliamentary  Intelligencer,  no.  19,  p.  293.) 

173.    The  Commons  thank  Sir  John  Grenville  for  Bringing 
the  Declaration 

(May  3,  1660) 

Mercurius  Publicus 

The  words  of  the  Speaker  of  the  House  of  Commons  merely 
voiced  the  thought  of  the  nation.  Beneath  the  exuberance  of 
language  lies  the  true  spirit  of  loyalty.  Throughout  the  period 
of  the  Commonwealth,  the  majority  of  Englishmen  had  clung  to 
the  hope  that  the  king  would  yet  come  to  his  own. 

THE    COMMONS    THANK    SIR    JOHN    GRENVILLE   FOR    BRINGING 
THE   DECLARATION 

Thursday.  —  The  House  being  informed  that  Sir  John 
Grenville  was  at  the  door,  he  was  called  in  to  receive  the 
thanks  of  the  House,  which'  Mr.  Speaker  delivered,  as  fol- 
loweth : 

Sir  John  Grenville,  —  I  need  not  tell  you  with  what  grate- 
ful and  thankful  hearts  the  Commons  now  assembled  in  Par- 
liament have  received  his  Majesty's  gracious  letter,  res  ipsa 
loquitur:  you  yourself  have  been  auricularis  et  ocularis  testis 
de  rei  veritate.  Our  bells  and  our  bonfires  have  already  be- 
gun the  proclamation  of  his  Majesty's  goodness  and  of  our 
joys.  We  have  told  the  people  that  our  king,  the  glory  of 
England,  is  corning  home  again,  and  they  have  resounded  it 
back  again  in  our  ears  that  they  are  ready  and  their  hearts 
are  open -to  feceive  him ;  both  Parliament  and  people  have 


398  SOURCE-BOOK  OF  ENGLISH  HISTORY 

cried  aloud  in  their  prayers  to  the  King  of  Kings,  Long  live 
king  Charles  the  second ! 

(Mercurius  Publicus,  no.  19,  p.  292.) 

174.   Resolutions  of  Parliament  urging  the  King  to  Return 

(May  8  and  9,  1660) 

Tuesday.  —  At  the  House  of  Commons.  Resolved,  That 
the  king's  Majesty  be  desired  to  make  a  speedy  return  to  his 
Parliament,  and  to  the  exercise  of  his  kingly  office. 

Wednesday.  —  Ordered  by  the  Lords  and  Commons  that 
general  Montague  do  receive  the  commands  of  the  king's 
Majesty  for  the  disposal  of  the  fleet  in  order  to  his  Majesty's 
return. 

The  Lords  agreed  to  the  vote  for  his  Majesty's  return  to 
the  Parliament  and  kingly  office 

(Mercurius  Publicus,  No.  19,  p.  304.) 

175.   The  Beginning  of  Cabinet  Government 

(1672) 

Historian's  Guide,  Crook 

The  beginnings  of  Cabinet  Government  in  England  are  to  be 
found  in  the  history  of  the  secret  council,  —  popularly  called  the 
Cabal,  from  the  initials  of  the  surnames  of  its  members.  —  The 
selections  next  following  will  serve  to  awaken  interest  in  the 
development  of  the  Cabinet. 

SHAFTESBURY,    AS    HEAD    OF    CABAL,    TAKES    GREAT    SEAL 

Nov.  4,  1672. 

Sir  Orlando  Bridgeman,  late  Lord  Keeper,  having  re- 
signed by  reason  of  his  great  age  and  a  continual  indis- 
position of  body,  the  Great  Seal  went  into  the  hands  of  his 
Majesty. 

Nov.  17. 

His  Majesty  was  pleased  to  deliver  the  keeping  of  it  to  the 
Right  Honourable  Anthony  Ashley  Cooper,  earl  of  Shaftes- 
bury,  with  the  title  of  Lord  Chancellor  of  England. 

(Crook,  W.,  Historian's  Guide,  Lend.  1679.) 

176.  Opinion  of  French  Court  concerning  Members  of  Cabal 

Secret  History  of  Whitehall 

The  ministers  of  this  Court  are  not  only  the  most  in- 
quisitive persons  in  the  world  into  the  affairs  of  other 
Courts,  but  even  in  the  persons  who  manage  them;  whose 
natures,  dispositions,  religion,  natural  and  acquired  abilities, 
as  well  as  respective  infirmities,  they  endeavour  to  sift  out 


THE  RESTORATION  399 

to  the  quick  so  that  they  may  use  them  or  shun  them  as  they 
find  occasion:  and  for  this  reason  it  is  that  they  make  some 
remarks  upon  them  in  their  minutes,  as  well  as  upon  the 
affairs  transacted  by  them.  And  therefore  since  the  five 
persons  who  made  up  the  Cabal  in  England  . . . ,  and  who 
your  lordship  may  remember  were  the  dukes  of  Buckingham 
and  Lauderdale,  the  earls  of  Shaftesbury  and  Arlington,  and 
the  Lord  Treasurer  Clifford,  were  very  distinguishable  for 
the  stations  they  filled,  the  offices  they  held  and  the  parts 
each  of  them  acted  in  the  government ;  I  find  this  character 
given  of  them :  for  the  duke  of  Buckingham,  as  he  was  the 
king's  favourite,  so  he  really  deserved  to  be  so,  as  being 
very  capable  to  be  a  minister  of  state  if  his  application  to 
business  had  been  answerable  to  his  talents;  if  his  mind, 
which  was  furnished  with  excellent  endowments,  had  not 
been  distracted  by  libertinism,  which  was  in  him  to  an  ex- 
treme degree ;  and  by  a  love  to  his  pleasures,  which  made  one 
of  those  persons  in  the  world  that  was  fittest  for  great  and 
solid  things  vain  and  frivolous.  Of  the  duke  of  Lauderdale 
there  is  little  or  nothing  said  but  that  he  is  a  great  and  quaint 
politician,  and  no  question  but  he  has  merited  that  character 
at  their  hand.  Of  my  lord  Clifford  they  are  as  profuse  in 
their  praises,  as  I  doubt  they  have  been  too  of  their  money ; 
saying  he  was  a  person  who  wanted  nothing  but  a  theatre 
where  virtue  and  reason  had  been  much  more  in  use  than 
it  was  in  his  country  in  the  age  wherein  he  lived,  for  to  be 
superior  to  and  overtop  the  rest.  My  lord  of  Arlington  they 
make  to  be  a  person  of  meaner  capacity,  and  a  more  limited 
genius  than  any  of  the  five,  but  say  his  experiences  supply 
the  defect,  and  have  acquired  him  especially  a  very  great 
knowledge  of  foreign  affairs.  Last  of  all,  they  bring  in 
Anthony  Ashley-Cooper,  the  renowned  earl  of  Shaftesbury; 
of  whom  they  say  he  was  by  far  the  fittest  person  of  any  of 
them  to  manage  a  great  enterprise,  and  so  was  as  the  soul 
to  all  the  rest,  being  endued  with  a  vast  capacity,  clear  judg- 
ment, bold  nature,  and  subtle  wit,  equally  firm  and  constant 
in  all  he  undertook;  a  constant  friend  but  an  implacable 
enemy;  with  many  other  expressions,  such  as  his  not  being 
terrified  either  with  the  greatness  or  the  multitude  of  crimes 
he  judges  necessary  for  his  own  preservation,  or  the  destruc- 
tion of  others  much  to  his  lordship's  dishonour,  which  is  a 
clear  argument  he  was  not  for  their  interest,  and  for  which 
he  is  much  beholden  to  them. 

(Letter  in  the  Secret  Hist,  of  Whitehall,  Loud.,  1717,  vol   I.,  pp.  78,  79.) 


400  SOURCE-BOOK  OF  ENGLISH  HISTORY 

177.    The  Habeas  Corpus  Act 

(31  CAR.  II,  c.  ii,  1679) 

Statutes  of  the  Realm 

In  the  39th  and  4Oth  clauses  of  the  Magna  Charta  "are  clearly 
contained  the  Habeas  Corpus  and  the  Trial  by  Jury,  the  most 
effectual  securities  against  oppression  which  the  wisdom  of  man 
has  hitherto  been  able  to  devise."  For  centuries  before,  as  for 
centuries  after,  the  Great  Charter,  the  abuses  of  judicial  processes 
by  the  Crown  led  to  complaint  and  discontent,  which  finally  cul- 
minated in  open  rebellion.  Again  and  again  the  kings  broke  their 
promises  to  abide  by  the  law  and  to  measure  out  that  even-handed 
justice  which  the  great  documents  of  English  history  sought  to 
secure  for  the  people.  At  last,  in  1679,  the  great  Habeas  Corpus 
Act  was  passed.  It  had  radical  defects,  but  these  were  remedied 
by  the  Bill  of  Rights  (No.  190)  and  by  an  Act  for  More  Effec- 
tually Securing  the  Liberty  of  the  Subject  (1812).  The  Habeas 
Corpus  Act  remains  the  basis  of  all  legislation  on  its  subject 
throughout  English-speaking  states. 

An  Act  for  the  better  securing  the  Liberty  of  the  Subject, 
and  for  Prevention  of  Imprisonments  beyond  the  Seas. 

Whereas  great  delays  have  been  used  by  sheriffs,  gaolers, 
and  other  officers,  to  whose  custody  any  of  the  king's  sub- 
jects have  been  committed  for  criminal  or  supposed  criminal 
matters,  in  making  returns  of  writs  of  Habeas  Corpus  to 
them  directed,  by  standing  out  an  Alias  and  Pluries  Habeas 
Corpus,  and  sometimes  more,  and  by  other  shifts  to  avoid 
their  yielding  obedience  to  such  writs,  contrary  to  their  duty 
and  the  known  laws  of  the  land,  whereby  many  of  the  king's 
subjects  have  been  and  hereafter  may  be  long  detained  in 
prison,  in  such  cases  where  by  law  they  are  bailable,  to  their 
great  charges  and  vexation : 

II.  For  the  prevention  whereof,  and  the  more  speedy  relief 
of  all  persons  imprisoned  for  any  such  criminal  or  supposed 
criminal  matters ;  be  it  enacted  by  the  King's  most  excellent 
Majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
Spiritual  and  Temporal,  and  Commons,  in  this  present  Par- 
liament assembled,  and  by  the  authority  thereof,  that  when- 
soever any  person  or  persons  shall  bring  any  Habeas  Corpus 
directed  unto  any  sheriff  or  sheriffs,  gaoler,  minister,  or 
other  person  whatsoever,  for  any  person  in  his  or  their  cus- 
tody, and  the  said  writ  shall  be  served  upon  the  said  officer, 
or  left  at  the  gaol  or  prison  with  any  of  the  under-officers, 
under-keepers  or  deputy  of  the  said  officers  or  keepers,  that 
the  said  officer  or  officers,  his  or  their  under-officers,  under- 
keepers  or  deputies,  shall  within  three  days  after  the  service 


THE  RESTORATION  401 

thereof  as  aforesaid  (unless  the  commitment  aforesaid  were 
for  treason  or  felony,  plainly  and  specially  expressed  in  the 
warrant  of  commitment)  upon  payment  or  tender  of  the 
charges  of  bringing  the  said  prisoner,  to  be  ascertained  by 
the  judge  or  court  that  awarded  the  same,  and  endorsed 
upon  the  said  writ,  not  exceeding  twelve  pence  per  mile,  and 
upon  security  given  by  his  own  bond  to  pay  the  charges  of 
carrying  back  the  prisoner,  if  he  shall  be  remanded  by  the 
court  or  judge  to  which  he  shall  be  brought  according  to  the 
true  intent  of  this  present  act,  and  that  he  will  not  make  any 
escape  by  the  way,  make  return  of  such  writ ;  and  bring  or 
cause  to  be  brought  the  body  of  the  party  so  committed  or 
restrained,  unto  or  before  the  Lord  Chancellor,  or  Lord 
Keeper  of  the  great  seal  of  England  for  the  time  being,  or 
the  judges  or  barons  of  the  said  court  from  whence  the  said 
writ  shall  issue,  or  unto  and  before  such  other  person  or 
persons  before  whom  the  said  writ  is  made  returnable,  ac- 
cording to  the  command  therof ;  and  shall  then  likewise  cer- 
tify the  true  causes  of  his  detainer  or  imprisonment,  unless 
the  commitment  of  the  said  party  be  in  any  place  beyond  the 
distance  of  twenty  miles  from  the  place  or  places  where  such 
court  or  person  is  or  shall  be  residing;  and  if  beyond  the 
distance  of  twenty  miles,  and  not  above  one  hundred  miles, 
then  within  the  space  of  ten  days,  and  if  beyond  the  distance 
of  one  hundred  miles,  then  within  the  space  of  twenty  days, 
after  the  delivery  aforesaid,  and  not  longer. 

III.  And  to  the  intent  that  no  sheriff,  gaoler  or  other  of- 
ficer may  pretend  ignorance  of  the  import  of  any  such  writ ; 
be  it  enacted  by  the  authority  aforesaid,  that  all  such  writs 
shall  be  marked  in  this  manner,  per  statutum  tricesimo  primo 
Caroli  secundi  regis,  and  shall  be  signed  by  the  person  that 
awards  the  same ;  and  if  any  person  or  persons  shall  be  or 
stand  committed  or  detained  as  aforesaid,  for  any  crime,  un- 
less for  treason  or  felony  plainly  expressed  in  the  warrant  of 
commitment,  in  the  vacation-time,  and  out  of  term,  it  shall 
and  may  be  lawful  to  and  for  the  person  or  persons  so  com- 
mitted or  detained  (other  than  persons  convict  or  in  execu- 
tion) by  legal  process  or  any  one  on  his  or  their  behalf,  to 
appeal  or  complain  to  the  Lord  Chancellor  or  Lord  Keeper, 
or  any  one  of  his  Majesty's  justices,  either  of  the  one  bench 
or  of  the  other,  or  the  barons  of  the  exchequer  of  the  degree 
of  the  coif;  and  the  said  Lord  Chancellor,  Lord  Keeper,  jus- 
tices or  barons  or  any  of  them,  upon  view  of  the  copy  or 
copies  of  the  warrant  or  warrants  of  commitment  and  de- 


402  SOURCE-BOOK  OF  ENGLISH  HISTORY 

tainer,  or  otherwise  upon  oath  made  that  such  copy  or  copies 
were  denied  to  be  given  by  such  person  or  persons  in  whose 
custody  the  prisoner  or  prisoners  is  or  are  detained,  are  here- 
by authorized,  and  required,  upon  request  made  in  writing  by 
such  person  or  persons  or  any  on  his,  her  or  their  behalf, 
attested  and  subscribed  by  two  witnesses  who  were  present  at 
the  delivery  of  the  same,  to  award  and  grant  an  Habeas  Cor- 
pus under  the  seal  of  such  court  whereof  he  shall  then  be  one 
of  the  judges,  to  be  directed  to  the  officer  or  officers  in  whose 
custody  the  party  so  committed  or  detained  shall  be,  return- 
able immediate  before  the  said  Lord  Chancellor  or  Lord 
Keeper,  or  such  justice,  baron  or  any  other  justice  or  baron 
of  the  degree  of  the  coif  of  any  of  the  said  courts;  and  upon 
service  thereof  as  aforesaid,  the  officer  or  officers,  his  or 
their  under-officer  or  under-officers,  under-keeper  or  under- 
keepers,  or  their  deputy,  in  whose  custody  the  party  is  so 
committed  or  detained,  shall  within  the  times  respectively 
before  limited,  bring  such  prisoner  or  prisoners  before  the 
said  Lord  Chancellor  or  Lord  Keeper,  or  such  justices,  barons 
or  one  of  them,  before  whom  the  said  writ  is  made  returnable, 
and  in  case  of  his  absence  before  any  of  them,  with  the  return 
of  such  writ,  and  the  true  causes  of  the  commitment  and 
detainer ;  and  thereupon  within  two  days  after  the  party  shall 
be  brought  before  them,  the  said  Lord  Chancellor  or  Lord 
Keeper,  or  such  justice  or  baron  before  whom  the  prisoner 
shall  be  brought  as  aforesaid,  shall  discharge  the  said  prisoner 
from  his  imprisonment,  taking  his  or  their  recognizance,  with 
one  or  more  surety  or  sureties,  in  any  sum  according  to  their 
discretions,  having  regard  to  the  quality  of  the  prisoner  and 
nature  of  the  offence,  for  his  or  their  appearance  in  the  court 
of  king's  bench  the  term  following,  or  at  the  next  assizes, 
sessions,  or  general  gaol-delivery  of  and  for  such  county, 
city,  or  place  where  the  commitment  was,  or  where  the 
offence  was  committed,  or  in  such  other  court  where  the  said 
offence  is  properly  cognizable,  as  the  case  shall  require,  and 
then  shall  certify  the  said  writ  with  the  return  thereof,  and 
the  said  recognizance  or  recognizances  into  the  said  court 
where  such  appearance  is  to  be  made ;  unless  it  shall  appear 
unto  the  said  Lord  Chancellor  or  Lord  Keeper,  or  justice  or 
justices,  or  baron  or  barons,  that  the  party  so  committed  is 
detained  upon  a  legal  process,  order  or  warrant,  out  of  some 
court  that  hath  jurisdiction  of  criminal  matters,  or  by  some 
warrant  signed  and  sealed  with  the  hand  and  seal  of  any  of 
the  said  justices  or  barons,  or  some  justice  or  justices  of  the 


•    THE  RESTORATION  4°3 

peace,  for  such  matters  or  offences  for  the  which  by  the  law 
the  prisoner  is  not  bailable. 

IV.  Provided  always,  and  be  it  enacted,  that  if  any  person 
shall  have  wilfully  neglected  by  the  space  of  two  whole  terms 
after  his  imprisonment,  to  pray  a  Habeas  Corpus  for  his  en- 
largement, such  person  so  wilfully  neglecting  shall  not  have 
any  Habeas  Corpus  to  be  granted  in  vacation-time,  in  pur- 
suance of  this  act. 

V.  And  be  it  further  enacted  by  the  authority  aforesaid,  that 
if  any  of ficer  or  officers,  his  or  their  under-officer  or  under- 
officers,  under-keeper  or  under-keepers,or  deputy,  shall  neglect 
or  refuse  to  make  the  returns  aforesaid,  or  to  bring  the  body 
or  bodies  of  the  prisoner  or  prisoners  according  to  the  com- 
mand of  the  said  writ,  within  the  respective  times  aforesaid, 
or  upon  demand  made  by  the  prisoner  or  person  in  his  behalf, 
shall  refuse  to  deliver,  or  within  the  space  of  six  hours  after 
demand  shall  not  deliver,  to  the  person  so  demanding,  a  true 
copy  of  the  warrant  or  warrants  of  commitment  and  detainer 
of  such  prisoner,  which  he  and  they  are  hereby  required  to 
deliver    accordingly;    all    and    every   the   head    gaolers    and 
keepers  of  such  prisons,   and  such  other  person  in  whose 
custody  the  prisoner  shall  be  detained,   shall   for  the   first 
offence  forfeit  to  the  prisoner  or  party  grieved  the  sum  of 
one  hundred  pounds ;  and  for  the  second  offence  the  sum  of 
two  hundred  pounds,  and  shall  and  is  hereby  made  incapable 
to  hold  or  execute  his  said  office;  the  said  penalties  to  be 
recovered  by  the  prisoner  or  party  grieved,  his  executors  or 
administrators,  against  such  offender,  his  executors  or  ad- 
ministrators, by  any  action  of  debt,  suit,  bill,  plaint,  or  in- 
formation, in  any  of  the  king's  courts  at  Westminster,  where- 
in no  essoin,  protection,  privilege,  injunction,  wager  of  law, 
or  stay  of  prosecution  by  non  vult  ulterius  prosequi,  or  other- 
wise, shall  be  admitted  or  allowed,  or  any  more  than  one  im- 
parlance ;  and  any  recovery  or  judgment  at  the  suit  of  any 
party  grieved,  shall  be  a  sufficient  conviction  for  the  first 
offence;  and  any  after  recovery  or  judgment  at  the  suit  of  a 
party  grieved  for  any  offence  after  the  first  judgment,  shall 
be  a   sufficient  conviction   to  bring  the   officers  or  person 
within  the  said  penalty  for  the  second  offence. 

VI.  And  for  the  prevention  of  unjust  vexation  by  reiter- 
ated commitments  for  the  same  offence;  be  it  enacted  by  the 
authority  aforesaid,  that  no  person  or  persons  which   shall 
be  delivered  or  set  at  large  upon  any  Habeas  Corpus,  shall 
at  any  time  hereafter  be  again  imprisoned  or  committed  for 


404  SOURCE-BOOK  OF  ENGLISH  HISTORY 

the  same  offence  by  any  person  or  persons  whatsoever,  other 
than  by  the  legal  order  and  process  of  such  court  wherein  he 
or  they  shall  be  bound  by  recognizance  to  appear,  or  other 
court  having  jurisdiction  of  the  cause;  and  if  any  other  per- 
son or  persons  shall  knowingly  contrary  to  this  act  recommit 
or  imprison,  or  knowingly  procure  or  cause  to  be  recommitted 
or  imprisoned,  for  the  same  offence  or  pretended  offence, 
any  person  or  persons  delivered  or  set  at  large  as  aforesaid, 
or  be  knowingly  aiding  or  assisting  therein,  then  he  or  they 
shall  forfeit  to  the  prisoner  or  party  grieved  the  sum  of  five 
hundred  pounds ;  any  colourable  pretence  or  variation  in  the 
warrant  or  warrants  of  commitment  notwithstanding,  to  be 
recovered  as  aforesaid. 

VII.  Provided  always,  and  be  it  further  enacted,  that  if 
any  person  or  persons  shall  be  committed  for  high  treason  or 
felony,  plainly  and  specially  expressed  in  the  warrant  of  com- 
mitment, upon  his  prayer  or  petition  in  open  court  the  first 
week  of  the  term,  or  first  day  of  the  sessions  of  Oyer  and 
Terminer  or  general  gaol-delivery,  to  be  brought  to  his  trial, 
shall  not  be  indicted  some  time  in  the  next  term,  sessions  of 
Oyer  and  Terminer  or  general  gaol-delivery,  after  such  com- 
mitment;  it  shall  and  may  be  lawful  to  and  for  the  judges  of 
the  court  of  king's  bench  and  justices  of  Oyer  and  Terminer 
or  general  gaol-delivery,  and  they  are  hereby  required,  upon 
motion  to  them  made  in  open  court  the  last  day  of  the  term, 
sessions  or  gaol-delivery,  either  by  the  prisoner  or  any  one 
in  his  behalf,  to  set  at  liberty  the  prisoner  upon  bail,  unless 
it  appears  to  the  judges  and  justices  upon  oath  made,  that 
the  witnesses  for  the  king  could  not  be  produced  the  same 
term,  sessions  or  general  gaol-delivery ;  and  if  any  person  or 
persons  committed  as  aforesaid,  upon  his  prayer  or  petition 
in  open  court  the  first  week  of  the  term  or  first  day  of  the 
sessions  of  Oyer  and  Terminer  or  general  gaol-delivery,  to 
be  brought  to  his  trial,  shall  not  be  indicted  and  tried  the 
second  term,  sessions  of  Oyer  and  Terminer  or  general  gaol- 
delivery,   after  his   commitment,   or   upon   his   trial   shall  be 
acquitted,  he  shall  be  discharged  from  his  imprisonment. 

VIII.  Provided  always,  that  nothing  in  this  act  shall  ex- 
tend to  discharge  out  of  prison  any  person  charged  in  debt, 
or  other  action,  or  with  process  in  any  civil  cause,  but  that 
after  he  shall  be  discharged  of  his  imprisonment   for  such 
his  criminal  offence,  he  shall  be  kept  in  custody  according  to 
the  law,  for  such  other  suit. 

IX.  Provided  always,  and  be  it  enacted  by  the  authority 


THE  RESTORATION  405 

aforesaid,  that  if  any  person  or  persons,  subject  of  this  realm, 
shall  be  committed  to  any  prison  or  in  custody  of  any  officer 
or  officers  whatsoever,  for  any  criminal  or  supposed  crim- 
inal matter,  that  the  said  person  shall  not  be  removed 
from  the  said  prison  and  custody  into  the  custody  of  any 
other  officer  or  officers ;  unless  it  be  by  Habeas  Corpus  or 
some  other  legal  writ ;  or  where  the  prisoner  is  delivered  to 
the  constable  or  other  inferior  officer  to  carry  such  prisoner 
to  some  common  goal :  or  where  any  person  is  sent  by  order 
of  any  judge  of  assize  or  justice  of  the  peace  to  any  common 
workhouse  or  house  of  correction ;  or  where  the  prisoner  is 
removed  from  one  prison  or  place  to  another  within  the 
same  county,  in  order  to  his  or  her  trial  or  discharge  in  due 
course  of  law;  or  in  case  of  sudden  fire  or  infection,  or  other 
necessity;  and  if  any  person  or  persons  shall  after  such  com- 
mitment aforesaid  make  out  and  sign,  or  countersign  any 
warrant  or  warrants  for  such  removal  aforesaid,  contrary  to 
this  act ;  as  well  he  that  makes  or  signs,  or  countersigns  such 
warrant  or  warrants  as  the  officer  or  officers  that  obey  or 
execute  the  same,  shall  suffer  and  incur  the  pains  and  for- 
feitures in  this  act  before  mentioned,  both  for  the  first  and 
second  offence  respectively,  to  be  recovered  in  manner  afore- 
said by  the  party  grieved. 

X.  Provided  also,  and  be  it  further  enacted  by  the  author- 
ity aforesaid,  that  it  shall  and  may  be  lawful  to  and  for  any 
prisoner  and  prisoners  as  aforesaid,  to  move  and  obtain  his 
or  their  Habeas  Corpus  as  well  out  of  the  high  court  of  chan- 
cery or  court  of  exchequer,  as  out  of  the  courts  of  king's 
bench  or  common  pleas,  or  either  of  them;  and  if  the  said 
Lord  Chancellor  or  Lord  Keeper,  or  any  judge  or  judges, 
baron  or  barons  for  the  time  being,  of  the  degree  of  the  coif, 
of  any  of  the  courts  aforesaid,   in  the  vacation-time,  upon 
view  of  the  copy  or  copies  of  the  warrant  or  warrants  of 
commitment  or  detainer,  or  upon  oath  made  that  such  copy 
or  copies  were  denied  as  aforesaid,  shall  deny  any  writ  of 
Habeas  Corpus  by  this   act  required   to  be   granted,   being 
moved  for  as  aforesaid,  they  shall  severally  forfeit  to  the 
prisoner  or  party  grieved  the  sum  of  five  hundred  pounds,  to 
be  recovered  in  manner  aforesaid. 

XI.  And  be  it  enacted  and  declared  by  the  authority  afore- 
said, that  an  Habeas  Corpus  according  to  the  true  intent  and 
meaning  of  this  act,  may  be  directed  and  run  into  any  county 
palatine,  the  cinque-ports,  or  other  privileged  places  within 
the  kingdom  of  England,  dominion  of  Wales,  or  town  of 


406  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Berwick  upon  Tweed,  and  the  islands  of  Jersey  or  Guernsey ; 
any  law  or  usage  to  the  contrary  notwithstanding. 

XII.  And  for  preventing  illegal  imprisonments  in  prisons 
beyond  the  seas ;  be  it  further  enacted  by  the  authority  afore- 
said, that  no  subject  of  this  realm  that  now  is,  or  hereafter 
shall  be  an  inhabitant  or  resiant  of  this  kingdom  of  England, 
dominion  of  Wales,  or  town  of  Berwick  upon  Tweed,  shall 
or  may  be  sent  prisoner  into  Scotland,  Ireland,  Jersey,  Guern- 
sey, Tangier,  or  into  parts,  garrisons,  islands  or  places  be- 
yond the  seas,  which  are  or  at  any  time  hereafter  shall  be 
within  or  without  the  dominions  of  his  Majesty,  his  heirs  or 
successors ;  and  that  every  such  imprisonment  is  hereby  en- 
acted and  adjudged  to  be  illegal;  and  that  if  any  of  the  said 
subjects  now  is  or  hereafter  shall  be  so  imprisoned,  every 
such  person  and  persons  so  imprisoned,  shall  and  may  for 
every  such  imprisonment  maintain  by  virtue  of  this  act  an 
action  or  actions  of  false  imprisonment,  in  any  of  his 
Majesty's  courts  of  record,  against  the  person  or  persons  by 
whom  he  or  she  shall  be  so  committed,  detained,  imprisoned, 
sent  prisoner  or  transported,  contrary  to  the  true  meaning  of 
this  act,  and  against  all  or  any  person  or  persons  that  shall 
frame,  contrive,  write,  seal  or  countersign  any  warrant  or 
writing  for  such  commitment,  detainer,  imprisonment,  or 
transportation,  or  shall  be  advising,  aiding  or  assisting  in 
the  same,  or  any  of  them;  and  the  plaintiff  in  every  such 
action  shall  have  judgment  to  recover  his  treble  costs,  besides 
damages,  which  damages  so  to  be  given,  shall  not  be  less  than 
five  hundred  pounds ;  in  which  action  no  delay,  stay  or  stop 
of  proceeding  by  rule,  order  or  command,  nor  no  injunction, 
protection  or  privilege  whatsoever,  nor  any  more  than  one 
imparlance  shall  be  allowed,  excepting  such  rule  of  the  court 
wherein  the  action  shall  depend,  made  in  open  court,  as  shall 
be  thought  in  justice  necessary,  for  special  cause  to  be  ex- 
pressed in  the  said  rule ;  and  the  person  or  persons  who  shall 
knowingly  frame,  contrive,  write,  seal  or  countersign  any 
warrant  for  such  commitment,  detainer,  or  transportation,  or 
shall  so  commit,  detain,  imprison  or  transport  any  person  or 
persons  contrary  to  this  act,  or  be  any  ways  advising,  aiding 
or  assisting  therein,  being  lawfully  convicted  thereof,  shall 
be  disabled  from  thenceforth  to  bear  any  office  of  trust  or 
profit  within  the  said  realm  of  England,  dominion  of  Wales, 
or  town  of  Berwick  upon  Tweed,  or  any  of  the  islands,  terri- 
tories or  dominions  thereunto  belonging;  and  shall  incur  and 
sustain  the  pains,  penalties,  and  forfeitures  limited,  ordained 


THE  RESTORATION  407 

and  provided  in  and  by  the  statute  of  Provision  and  Prcc- 
munire  made  in  the  sixteenth  year  of  King  Richard  the 
Second;  and  be  incapable  of  any  pardon  from  the  king,  his 
heirs  or  successors,  of  the  said  forfeitures,  losses,  or  disabili- 
ties, or  any  of  them. 

XIII.  Provided  always,  that  nothing  in  this  act  shall  ex- 
tend to  give  benefit  to  any  person  who  shall  by  contract  in 
writing  agree  with  any  merchant  or  owner  of  any  plantation, 
or  other  person  whatsoever,  to  be  transported  to  any  parts 
beyond  the  seas,  and  receive  earnest  upon  such  agreement, 
although  that  afterwards  such  persons  shall  renounce  such 
contract. 

XIV.  Provided  always,  and  be  it  enacted,  that  if  any  per- 
son or  persons  lawfully  convicted  of  any  felony,  shall  in  open 
court  pray  to  be  transported  beyond  the  seas,  and  the  court 
shall  think  fit  to  leave  him  or  them  in  prison  for  that  pur- 
pose, such  person  or  persons  may  be  transported  into  any 
parts  beyond  the  seas ;  this  act,  or  anything  therein  contained 
to  the  contrary  notwithstanding. 

XV.  Provided  also,  and  be  it  enacted,  that  nothing  herein 
contained  shall  be  deemed,  construed  or  taken,  to  extend  to 
the  imprisonment  of  any  person  before  the  first  day  of  June 
one  thousand  six  hundred  seventy  and  nine,  or  to  anything 
advised,  procured,  or  otherwise  done,  relating  to  such  im- 
prisonment; anything  herein  contained  to  the  contrary  not- 
withstanding. 

XVI.  Provided  also,  that  if  any  person  or  persons  at  any 
time  resiant  in  this  realm,  shall  have  committed  any  capital 
offence  in  Scotland  or  Ireland,  or  any  of  the  islands,  or  for- 
eign plantations  of  the  king,  his  heirs  or  successors,  where 
he  or  she  ought  to  be  tried  for  such  offence,  such  person  or 
persons  may  be  sent  to  such  place,  there  to  receive  such  trial, 
in  such  manner  as  the  same  might  have  been  used  before  the 
making  of  this  act ;  anything  herein  contained  to  the  contrary 
notwithstanding. 

XVII.  Provided  also,  and  be  it  enacted,  that  no  person  or 
persons  shall  be  sued,  impleaded,  molested  or  troubled  for 
any  offence  against  this  act,  unless  the  party  offending  be 
sued  or  impleaded  for  the  same  within  two  years  at  the  most 
after  such  time  wherein  the  offence  shall  be  committed,  in 
case  the  party  grieved  shall  not  be  then  in  prison ;  and  if  he 
shall  be  in  prison,  then  within  the  space  of  two  years  after 
the  decease  of  the  person  imprisoned,  or  his  or  her  delivery 
out  of  prison,  which  shall  first  happen,  . 


408  SOURCE-BOOK  OP  ENGLISH  HISTORY 

XVIII.  And  to  the  intent  no  person  may  avoid  his  trial  at 
the  assizes  or  general  gaol-delivery,  by  procuring  his  removal 
before  the  assizes,  at  such  time  as  he  cannot  be  brought  back 
to  receive  his  trial  there;  be  it  enacted,  that  after  the  assizes 
proclaimed  for  that  county  where  the  prisoner  is  detained,  no 
person   shall  be  removed   from  the  common  gaol   upon  any 
Habeas  Corpus  granted  in  pursuance  of  this  act,  but  upon 
any  such  Habeas  Corpus  shall  be  brought  before  the  judge  of 
assize  in  open  court,  who  is  thereupon  to  do  what  to  justice 
shall  appertain. 

XIX.  Provided    nevertheless,    that    after    the    assizes    are 
ended,  any  person  or  persons  detained,  may  have  his  or  her 
Habeas  Corpus  according  to  the  direction  and  intention  of 
this  act. 

XX.  And  be  it  also  enacted  by  the  authority  aforesaid,  that 
if  any  information,  suit  or  action  shall  be  brought  or  exhib- 
ited against  any  person  or  persons  for  any  offence  committed 
or  to  be  committed  against  the  form  of  this  law,  it  shall  be 
lawful  for  such  defendants  to  plead  the  general  issue,  that 
they  are  not  guilty,  or  that  they  owe  nothing,  and  to  give 
such  special  matter  in  evidence  to  the  jury  that  shall  try  the 
same,  which  matter  being  pleaded  had  been  good  and  suffi- 
cient matter  in  law  to  have  discharged  the  said  defendant  or 
defendants  against  the  said  information,  suit  or  action,  and 
the  said  matter  shall  be  then  as  available  to  him  or  them,  to 
all   intents   or   purposes,   as   if  he   or   they  had   sufficiently 
pleaded,  set  forth  or  alleged  the  same  matter  in  bar  or  dis- 
charge of  such  information,  suit  or  action. 

XXI.  And  because  many  times  persons  charged  with  petty 
treason  or  felony,  or  as  accessaries  thereunto,  are  committed 
upon  suspicion  only,  whereupon  they  are  bailable,  or  not,  ac- 
cording as  the  circumstances  making  out  that  suspicion  are 
more  or  less  weighty,  which  are  best  known  to  the  justices  of 
peace  that  committed  the  persons,  and  have  the  examinations 
before  them,  or  to  other  justices  of  peace  in  the  county:  be 
it  therefore  enacted,  that  where  any  person  shall  appear  to  be 
committed  by  any  judge  or  justice  of  the  peace,  and  charged 
as  accessory  before  the  fact,  to  any  petty  treason,  or  felony, 
or  upon  suspicion  thereof,  or  with  suspicion  of  petty  treason 
or  felony,  which  petty  treason  or  felony  shall  be  plainly  and 
specially  expressed  in  the  warrant  of  commitment,  that  such 
person  shall  not  be  removed  or  bailed  by  virtue  of  this  act, 
or  in  any  other  manner  than  they  might  have  been  before  the 
making  of  this  act. 

(Ed.  from  Statutes  of  the  Realm,  V,  935,  938.) 


THE  RESTORATION  409 

178.  James  II.  and  the  Catholics 

Foley 

James  II.  was  a  fervid  Catholic,  and  most  anxious  to  further 
the  promulgation  of  that  faith  with  the  realm.  Indeed,  his  ex- 
treme enthusiasm  in  the  cause  of  his  Church  cost  him  dearly. 
The  following  letter,  though  bearing  evidence  of  a  natural  op- 
timism and  perhaps  self-persuasion,  yet  presents  a  vivid  picture 
of  the  status  of  the  Catholic  religion  in  England  at  the  time 
when  the  close  of  the  Stuart  dynasty  was  drawing  near.  If  the 
words  of  the  king  were  not  exactly  as  quoted  by  the  chronicler, 
there  is  no  reason  to  doubt  that  their  spirit  did  not  vary  from 
the  account  given. 

LETTER    FROM    A    JESUIT    OF    LIEGE    TO    A    BROTHER    OF    HIS    AT 

FRIBURG 

February  1686-7. 

It  is  wonderful  to  see  King  James'  great  affection  to  our 
Society.  He  wished  prosperity  to  this  whole  College,  by  the 
Reverend  Father  the  Provincial,  and  earnestly  recommended 
himself  to  our  prayers.  Upon  Father  John  Keynes  return 
into  England,  he  gave  him  a  most  gracious  reception  (while 
earls  and  dukes  were  commanded  for  some  hours  to  wait  for 
admittance),  with  whom,  in  the  Queen's  presence,  he  dis- 
coursed with  all  familiarity.  He  asked  him  how  many  can- 
didates for  Order  he  had,  and  how  many  students  ?  And 
upon  the  Provincial's  answer  to  his  Majesty,  who  was  very 
urgent  with  him:  That  of  the  former,  and  of  the  latter  he 
had  above  fifty.  He  replied:  There  would  be  occasion  for 
double  or  treble  that  number,  to  effect  what  he  designed  for 
that  Society's  performance,  and  ordered  that  they  should  be 
all  exercised  in  the  art  of  preaching.  "For  now,"  said  he, 
"England  has  need  of  such." 

I  do  not  doubt  but  you  have  heard  that  the  king,  writing  to 
Father  de  la  Chaise,  the  French  King's  confessor,  concerning 
the  affairs  of  the  house  among  the  Walloons,  declared  that 
whatever  was  done  to  the  English  Fathers  of  that  house  he 
would  look  upon  as  done  to  himself.  Father  Clare,  Rector 
of  the  same  house,  being  arrived  at  London  to  treat  of  that 
matter,  got  an  easy  access  to  the  King,  and  as  easily  gained 
his  point.  The  King  himself  forbid  him  to  kneel  and  kiss 
his  hand,  according  to  custom,  saying:  "Reverend  Father, 
you  have  indeed  once  kissed  my  hand;  but,  if  I  had  known 
then,  as  I  do  now,  that  you  were  a  priest,  I  would  rather  my- 
self, Father,  have  kneeled  down  and  kissed  your  hand."  After 
he  had  finished  his  business,  in  a  familiar  conversation,  his 
Majesty  told  this  Father:  That  be  would  eitbej-  convert'Eng- 


410  SOURCE-BOOK  OF  ENGLISH  HISTORY 

land,  or  die  a  martyr;  and  he  had  rather  die  the  next  day  and 
convert  it,  than  reign  twenty  years  piously  and  happily  and 
not  effect  it.  Finally,  he  called  himself  a  "son  of  the  So- 
ciety, of  whose  good  success,"  he  said,  "he  was  glad  as  of 
his  own."  And  it  can  scarcely  be  expressed  how  much  grati- 
tude he  showed  when  it  was  told  him :  That  he  was  made 
partaker,  by  our  very  Reverend  Provincial,  of  all  the  merits 
of  the  Society  out  of  which  he  is  to  nominate  one  for  his 
confessor;  but  hitherto  it  is  not  known  who  it  will  be.  Some 
report  that  it  will  be  the  Reverend  Father  Provincial,  but 
still  there  is  no  certainty  of  that.  Many  are  of  opinion  that 
Father  Edward  R.  Petre,  who  is  chiefly  in  favour  with  the 
King,  will  obtain  an  archbishopric,  but  more  believe  it  will  be 
a  Cardinal's  cap.  To  him  has  been  granted,  within  this 
month  or  two,  all  that  part  of  the  Palace  in  which  the  King 
used  to  reside,  when  he  was  Duke  of  York,  where  there  is 
not  a  day  but  you  may  see  I  know  not  how  many  courtiers 
waiting  to  speak  to  his  "Eminence,"  for  so  they  say  he  is 
called.  For  the  King  advises  with  him,  and  with  many 
Catholic  lords,  who  have  the  chief  places  in  the  kingdom,  to 
find  a  method  to  propagate  the  faith  without  violence.  Not 
long  since,  some  of  these  lords  objected  to  the  King:  That 
they  thought  he  made  too  much  haste  to  establish  the  faith. 
To  whom  he  answered:  "I  am  growing  old,  and  must  take 
large  steps,  else,  if  I  should  happen  to  die,  I  might  perhaps 
leave  you  in  a  worse  condition  than  I  found  you."  When 
they  asked  him :  Why  then  was  he  so  little  concerned  about 
the  conversion  of  his  daughters,  who  were  the  heirs  of  the 
kingdom  ?  he  answered :  God  will  take  care  of  that ;  leave 
the  conversion  of  my  daughters  to  me.  Do  you,  by  your 
example,  convert  your  tenants  and  others  to  the  faith." 

He  has  Catholic  Lord  Lieutenants  in  most  counties ;  and 
we  shall  shortly  have  Catholic  Justices  of  the  Peace  in 
almost  all  places.  We  hope  also  that  our  affairs  will  have 
good  success  at  Oxford.  In  the  public  chapel  of  our  Vice- 
Chancellor,  who  is  a  Catholic,  there  is  always  one  of  our 
divines,  who  has  converted  some  of  the  students  to  the  faith. 
The  Bishop  of  Oxford  himself  seems  to  be  a  great  favourer 
of  the  Catholic  faith,  he  proposed  to  the  Council:  "Whether 
it  did  not  seem  to  be  expedient  that  at  least  one  College 
should  be  granted  to  the  Catholics  at  Oxford,  that  they  might 
not  be  forced  to  study  beyond  sea,  at  such  great  expenses." 
But  it  is  not  yet.  known  what  answer  he  had.  The  same 
Bishop,  having  invited  two.  of  .our  .brethren  together  with 


THE  REST  OR  A  TION  4 1 1 

some  of  his  nobility,  drank  the  King's  health  to  a  certain 
"heretic  lord  who  was  in  company":  Wishing  his  Majesty 
good  success  in  all  his  undertakings:  adding  also,  That  the 
religion  of  the  Protestants  in  England  did  not  seem  to  him  in 
a  better  condition  than  Buda  was  before  it  was  taken;  and 
that  they  were  next  to  atheists  that  defended  that  faith. 
Many  embrace  the  true  religion,  and  four  of  the  most  con- 
siderable earls  have  lately  made  public  profession  of  it. 
Father  Alexander  Keynes,  the  Provincial's  nephew,  to  whom 
is  committed  the  care  of  the  chapel  belonging  to  the  Elector 
of  Palatine's  Envoy,  is  continually  taken  up  in  solving  and 
answering  the  questions  of  heretics  who  doubt  of  their  faith, 
of  whom  you  may  see  two  or  three  together  walking  by  the 
chapel  door,  continually  disputing  about  some  point  of 
religion.  As  to  Prince  George,  it  is  yet  uncertain  what 
religion  he  professes.  We  gradually  begin  to  get  footing 
in  England.  We  teach  human  learning  [humanities]  at 
Lincoln,  Norwich,  and  York ;  and  at  Worcester  we  have  a 
public  chapel  protected  by  a  guard  of  the  King's  soldiers ; 
and  we  are  to  buy  some  houses  in  the  town  of  Wigan,  Lan- 
cashire. The  Catholic  interest  grows  very  strong,  and  at 
some  churches  granted  to  the  Catholics  upon  holidays  there 
are  often  counted  fifteen  hundred  present  at  the  sermon.  At 
London,  also,  our  business  is  carried  on  with  the  same  good 
success.  Sermons  are  preached  upon  every  holiday,  and 
there  are  so  many  that  frequent  the  chapels,  that  they  are  not 
big  enough  to  hold  them.  Two  of  our  Society,  Dormer  and 
Bertue,  preach  continually  before  the  King  and  Queen ; 
Father  Edward  Neville,  before  the  Queen  Dowager;  Father 
Alexander  Keynes  in  the  chapel  aforesaid ;  others  in  other 
chapels.  There  are  many  houses  bought  in  the  Savoy  near 
Somerset  House,  which  is  the  Queen  Dowager's  Palace, 
towards  the  erecting  of  the  first  College  in  London  for  about 
eighteen  thousand  florins ;  and  they  are  hard  at  work  to 
bring  them  to  the  form  of  a  College,  that  a  school  may  be 
opened  before  Easter. 

A  Catholic  Lord  Lieutenant  is  shortly  to  go  over  to  Ire- 
land, because  the  King  cannot  be  satisfied  with  any  other  to 
establish  the  Catholic  interest  in  that  kingdom.  The  Parlia- 
ment will  certainly  sit  in  this  month  of  February,  of  whom 
his  Majesty  is  resolved  to  ask  three  things :  First,  that  by 
a  general  Act  all  the  Catholic  peers  shall  be  admitted  to  sit 
in  the  Upper  House;  secondly,  that  the  Test  may  be  abol- 
ished ;  and  thirdly,  which  is  the  chief  point,  that  all  penal 


4i2  SOURCE-BOOK  OF  ENGLISH  HISTORY 

laws  against  Catholics  should  be  abrogated.  And  that  he 
may  the  better  obtain  these  things  he  designs  to  let  them  all 
know :  That  he  is  resolved  to  turn  out  all  those  who  will 
not  heartily  act  for  the  obtaining  of  them ;  and  likewise  dis- 
solve the  Parliament.  At  which  resolution  some  heretics 
being  terrified,  came  to  a  certain  earl  to  advise  with  him 
what  might  be  done ;  to  whom  he  answered :  "The  King's 
mind  is  sufficiently  known;  what  he  has  once  said,  he  will 
certainly  perform.  If  you  love  yourselves,  submit  to  the 
King's  pleasure."  There  is  to  be  a  great  preparation  of  war 
at  London,  and  a  fleet  of  above  one  hundred  men  of  war  is 
to  be  fitted  out  against  the  spring,  but  against  whom  it  is 
uncertain.  The  Dutch  are  under  great  apprehensions,  but 
for  what  reason,  although  they  are  said  to  make  an  arma- 
ment, time  will  discover. 

{Records  of  the  English  Province  of  the  Society  of  Jesus,  ed.  H.  Foley, 
Lond.,  1879.  V,  157.) 

179.   The  Last  Appeal 

Kennett 

In  the  year  1688  the  affairs  of  the  kingdom  had  come  to  such 
a  pass  that  James  II.,  becoming  alarmed  for  his  throne  because 
of  threatened  invasion,  resolved  to  radically  reform  his  adminis- 
tration. On  Wednesday,  October  3,  the  Archbishop  of  Canter- 
bury and  various  members  of  the  higher  clergy,  upon  the  king's 
invitation,  presented  to  the  monarch  the  following  address : 

1.  Our  first  humble  advice  is,  that  Your  Majesty  will  be 
graciously  pleased  to  put  the  management  of  your  govern- 
ment in  the  several  counties,  into  the  hands  of  such  of  the 
nobility  and  gentry  there,  as  are  legally  qualified  for  it. 

2.  That  Your  Majesty  will  be  graciously  pleased  to  annul 
your  Commission  for  Ecclesiastical  Affairs,  and  that  no  such 
court  (as  that  Commission  sets  up)  may  be  erected  for  the 
future. 

3.  That  Your  Majesty  will  graciously  be  pleased,  that  no 
dispensation  may  be  granted  or  continued,  by  virtue  whereof 
any  person,  not  duly  qualified  by  law,  hath  been,  or  may  be 
put  into  any  place,  office  or  preferment,  in  church  or  state, 
or  in  the  universities,  or  continued  in  the  same;  especially 
such  as  have  cure  of  souls  annexed  to  them ;  And  in  particu- 
lar, that  you  will  be  graciously  pleased  to  restore  the  presi- 
dent and  fellows  of  St.  Mary  Magdalen  College  in  Oxford. 

4.  That  Your  Majesty  will  graciously  be  pleased  to  set 
aside  all  licenses  or  faculties  already  granted,  by  which  any 
persons  of  the  Romish  communion  may  pretend  to  be  enabled 


THE  RESTORATION  413 

to  teach  public  schools;  and  that  no  such  be  granted  for  the 
future. 

5.  That  Your  Majesty  will  be  graciously  pleased  to  desist 
from  the  exercise  of  such  a  dispensing  power,  as  hath  of  late 
been  used;  and  to  permit  that  point  to  be  freely  and  calmly 
debated  and  argued,  and  finally  settled  in  Parliament. 

6.  That  Your  Majesty  will  be  graciously  pleased  to  inhibit 
the  four  foreign  bishops,  who  style  themselves  Vicars  Apos- 
tolical, from  further  invading  the  ecclesiastical  jurisdiction, 
which  is  by  law  vested  in  the  bishops  of  this  church. 

7.  That  Your  Majesty  will  be  pleased  graciously  to  fill  the 
vacant  bishoprics,  and  other  ecclesiastical  promotions  with- 
in your  gift,  both  in  England  and  Ireland,  with  men  of  learn- 
ing and  piety;  and  in  particular,  (which  I  must  own  to  be 
my  peculiar  boldness,  for  'tis  done  without  the  privity  of  my 
brethren)   that  you  will  be  graciously  pleased  forthwith  to 
fill  the  Archiepiscopal  Chair  of  York    (which  has  so  long 
stood  empty,  and  upon  which   a  whole  province  depends) 
with  some  very  worthy  person:    for  which  (pardon  me,  Sir, 
if  I  am  bold  to  say)  you  have  now  here  before  you  a  very 
fair  choice. 

8.  That  Your  Majesty  will  be  graciously  pleased  to  super- 
sede all  further  prosecution  of  Quo  Warranto's  against  cor- 
porations,  and   to   restore   to   them   their   ancient   charters, 
privileges,  and  franchises,  as  we  hear  God  has  put  into  Your 
Majesty's  heart  to  do  for  the  City  of  London,  which  we  in- 
tended to  have  made  otherwise  one  of  our  principal  requests. 

9.  That  if  it  please  Your  Majesty,  writs  may  be  issued  out 
with  convenient  speed,  for  the  calling  of  a  free  and  regular 
Parliament,  in  which  the  church  of  England  may  be  secured 
according  to  the  Acts  of  Uniformity;  provision  may  be  made 
for  a  due  liberty  of  conscience,  and  for  securing  the  liber- 
ties and  properties  of  all  your  subjects;    and  a  mutual  con- 
fidence and  good  understanding  may  be  established  between 
Your  Majesty  and  all  your  people. 

10.  Above    all,    That    Your    Majesty    will    be    graciously 
pleased  to  permit  your  bishops  to  offer  you  such  motives  and 
arguments,  as  (we  trust)  may,  by  God's  grace,  be  effectual 
to  persuade  Your  Majesty  to  return  to  the  communion  of  the 
Church  of  England,  into  whose  most  Holy  Catholic  faith  you 
were  baptized,  and  in  which  you  were  educated,  and  to  which 
it  is  our  daily  earnest  prayer  to  God,  that  you  may  be  re- 
united. 

(Kennett,  ed.  cit.,  vol.  Ill,  p.  521.) 


PART  VII 

ENGLAND  A  CONSTITUTIONAL 
MONARCHY 


415 


CHAPTER    XXIV 

"THE    GLORIOUS    REVOLUTION" 


1 80.    A  Memorial  from  the  Church  of  England  to  the 
Prince  of  Orange 

(1688) 

The  encroachments  of  James  upon  the  religious  liberties  of 
the  people  at  last  made  the  situation  one  impossible  of  con- 
tinuance. There  seemed  to  be  no  remedy  but  the  second  deposi- 
tion of  a  Stuart.  In  this  crisis,  the  people  turned  their  gaze  to 
the  Prince  of  Orange,  the  one  Protestant  who  had  any  claim  of 
succession,  though  this  claim  was  only  by  marriage.  The  clergy 
were  especially  solicitous  that  he  should  come  to  the  aid  of  the 
Protestant  faith,  and  to  this  end  sent  him  the  following  earnest 
appeal  for  countenance  and  protection. 

Your  Royal  Highness  cannot  be  ignorant  that  the  Protest- 
ants of  England,  who  continue  true  to  their  religion  and 
government  established  by  law,  have  been  many  ways 
troubled  and  vexed  by  restless  contrivances  and  designs  of 
Papists,  under  pretence  of  the  royal  authority,  and  things 
required  of  them  unaccountable  before  God  and  man :  Eccle- 
siastical benefits  and  preferments  taken  from  them,  without 
any  other  reason  but  the  King's  pleasure :  That  they  have 
been  summoned  and  sentenced  by  ecclesiastical  commis- 
sioners, contrary  to  law,  deprived  of  their  birth-right  in  the 
free  choice  of  their  magistrates  and  representatives ;  divers 
corporations  dissolved,  the  legal  security  of  our  religion  and 
liberty,  established  and  ratified  by  King  and  Parliament, 
annulled  and  overthrown  by  a  pretended  dispensing  power : 
New  and  unheard-of  maxims  have  been  preached,  as  if  sub- 
jects had  no  right  but  what  depends  on  the  King's  will  and 
pleasure ;  The  militia  put  into  the  hands  of  persons  not  quali- 
fied by  law,  and  a  popish  mercenary  army  maintained  in  the 
kingdom  in  time  of  peace,  absolutely  contrary  to  the  law ;  the 
execution  of  the  law  against  several  high  crimes  and  mis- 
demeanors superseded  and  prohibited :  The  statutes  against 
correspondence  with  the  court  of  Rome,  papal  jurisdiction, 


418  SOURCE-BOOK  OF  ENGLISH  HISTORY 

and  popish  priests,  suspended:  That  in  courts  of  justice, 
those  judges  are  displaced,  who  dare  acquit  them  whom  the 
King  would  have  condemned;  as  happened  to  the  judges 
Powel  and  Holloway,  for  acquitting  the  seven  bishops: 
Liberty  of  chusing  members  of  Parliament  (notwithstanding 
all  the  care  taken,  and  provision  made  by  law  on  that  behalf) 
wholly  taken  away,  by  Quo  Warrantos  served  against  cor- 
porations and  the  three  known  questions:  All  things  carried 
on  in  open  view  for  the  propagation  and  growth  of  Popery, 
for  which  the  courts  of  England  and  France  have  so  long 
jointly  laboured,  with  so  much  application  and  earnestness: 
Endeavours  to  persuade  your  Royal  Highnesses  to  liberty  of 
conscience,  and  abrogating  the  penal  laws  and  tests;  wherein 
they  fell  short  of  their  aim. 

That  they  most  humbly  implore  the  protection  of  your 
Royal  Highnesses,  as  to  the  suspending  and  encroachments 
made  upon  law,  for  maintenance  of  the  Protestant  religion, 
our  civil  and  fundamental  rights  and  privileges :  And  that 
your  Royal  Highnesses  would  be  pleased  to  insist,  that  the 
free  Parliament  of  England,  according  to  law,  may  be  re- 
stored; the  laws  against  Papists,  priests,  papal  jurisdiction, 
etc.  put  in  execution,  and  the  suspending  and  dispensing 
power  declared  null  and  void;  the  rights  and  privileges  of 
the  City  of  London,  the  free  choice  of  their  magistrates,  and 
the  liberties  as  well  of  that  as  of  other  corporations  restored, 
and  all  things  returned  to  their  ancient  channel,  etc. 

(Kennett,  ed.  cit.,  Ill,  517.) 

181.   The  Prince  of  Orange  Reorganizes  the  Government 

(Dec.  23,  1688) 

After  the  flight  of  James,  England  was  without  a  legal  gov- 
ernment. The  Prince  of  Orange,  after  due  invitation,  proceeded 
to  organize  the  administration.  His  first  act  was  to  provide  for 
the  calling  of  a  Parliament,  which  he  did  in  the  following  docu- 
ment. 

Whereas  the  necessity  of  affairs  does  require  speedy 
advice ;  We  do  desire  all  such  persons  as  have  served  as 
knights,  citizens  or  burgesses,  in  any  of  the  Parliaments  that 
were  held  during  the  reign  of  the  late  K.  Charles  II.  to  meet 
Us  at  St.  James's,  on  Wednesday  the  26th  of  this  instant  De- 
cember, by  ten  of  the  clock  in  the  morning.  And  We  do 
likewise  desire,  that  the  Lord-Mayor  and  Court  of  Aldermen 
of  the  City  of  London  would  be  present  at  the  same  time : 
And  that  the  Common-Council  would  appoint  fifty  of  their 


"THE  GLORIOUS  REVOLUTION"  4»9 

number  to  be  there  likewise.     And  hereof  we  desire  'em  not 
to  fail. 

Given  at  St.  James's,  the  23d  of  December,  1688. 

W.  H.  Prince  of  Orange. 

(Kennett,  ed.  cit.,  Ill,  538.) 

182.   The  Lords  Invite  William  to  Undertake  the  Government 

The  first  step  toward  the  foundation  of  a  free  Parliament  was 
taken  when  the  Prince  of  Orange  summoned  the  Commons  to 
confer  with  him  (No.  181).  The  next  step  was  taken  by  the 
Lords.  They  met  at  Westminster  on  Dec.  25,  1688,  and  formally 
invited  William  to  undertake  the  government  of  England  until 
the  first  meeting  of  Parliament. 

We,  the  Lords  Spiritual  and  Temporal,  assembled  in  this 
conjuncture,  do  desire  your  Highness  to  take  upon  you  the 
administration  of  the  public  affairs,  both  civil  and  military, 
and  the  disposal  of  the  public  revenue,  for  the  preservation 
of  our  religion,  rights,  laws,  liberties,  and  properties,  and  of 
the  peace  of  the  nation :  And  that  your  Highness  will  take 
into  your  particular  care,  the  present  condition  of  Ireland; 
and  endeavor,  by  the  most  effectual  means,  to  prevent  the 
dangers  threatening  that  kingdom.  All  which,  we  make  our 
request  to  your  Highness  to  undertake  and  exercise,  till  the 
meeting  of  the  intended  convention,  the  22d  of  January  next. 
In  which,  we  doubt  not,  such  proper  methods  will  be  taken, 
as  will  conduce  to  the  establishment  of  these  things  upon 
such  sure  and  legal  foundations,  that  they  may  not  be  in  dan- 
ger of  being  again  subverted. 

Dated  at  the  House  of  Lords,  Westm.  Dec.  25th,  1688. 

(Kennett,  ed.  cit.,  Ill,  539.) 

183.   The  Manner  of  Summoning  Parliament 

On  Christmas  Day,  1688,  the  Lords  at  Westminster  drew  up  a 
second  address  containing  suggestions  as  to  the  method  for  sum- 
moning and  electing  members  of  the  Parliament  to  be  held  on 
the  22d  of  January,  i68g. 

We,  the  Lords  Spiritual  and  Temporal,  assembled  at  West- 
minster in  this  extraordinary  conjuncture,  do  humbly  desire 
your  Highness  to  cause  letters  to  be  written,  subscribed  by 
yourself,  to  the  Lords  Spiritual  and  Temporal  (being  Prot- 
estants;) and  to  the  several  counties,  universities,  cities, 


420  SOURCE-BOOK  OF  ENGLISH  HISTORY 

boroughs,  and  cinque-ports  of  England,  Wales,  and  Town  of 
Berwick  upon  Twede.  The  letters  for  the  counties,  to  be 
directed  to  the  coroners  of  the  respective  counties  or  any  one 
of  them;  and  in  default  of  the  coroners,  to  the  clerk  of  the 
Peace,  of  the  respective  counties :  And  the  letters  for  the 
universities,  to  be  directed  to  every  Vice-Chancellor :  And 
the  letters  to  the  several  cities,  boroughs,  and  cinque-ports, 
to  be  directed  to  the  chief  magistrate  of  each  respective 
city,  borough,  and  cinque-port;  containing  directions  for  the 
choosing,  in  all  such  counties,  cities,  universities,  boroughs, 
and  cinque-ports,  within  ten  days  after  the  receipt  of  the 
respective  letters,  such  a  number  of  persons  to  represent 
them,  as  are  of  right  to  be  sent  to  Parliament:  Of  which 
elections,  and  the  times  and  places  thereof,  the  respective 
officers  shall  give  notice,  within  the  space  of  five  days  at  the 
least.  Notice  of  the  intended  elections  for  the  counties,  to  be 
published  in  the  churches,  immediately  after  the  time  of 
divine  service ;  and  in  all  market-towns  within  the  respective 
counties:  And  notice  of  the  intended  elections  for  the 
cities,  universities,  boroughs,  and  cinque-ports,  to  be  pub- 
lished within  the  said  respective  places.  The  said  letters, 
and  the  execution  thereof,  to  be  returned,  by  such  officer 
and  officers  who  shall  execute  the  same,  to  the  Clerk  of  the 
Crown  in  the  Court  of  Chancery ;  so  as  the  persons  so  to  be 
chosen,  may  meet  and  sit  at  Westminster,  on  the  two  and 
twentieth  day  of  January  next. 
Dated  at  the  House  of  Lords,  Westm.  Dec.  25,  1688. 

(Kennett,  ed.  cit.,  Ill,  539.) 

184.   Answer  of  the  Prince  to  the  Suggestions  of  the  Lords 

(Dec.  28,  1688) 

In  a  brief  but  comprehensive  address  the  Prince  assured  the 
Lords  that  he  favourably  regarded  their  suggestions  concerning 
the  method  of  calling  Parliament  together. 

I  have  considered  of  your  advice ;  and,  as  far  as  I  am  able, 
I  will  endeavour  to  secure  the  peace  of  the  nation,  until  the 
meeting  of  the  convention  in  January  next ;  for  the  election 
thereof,  I  will  forthwith  issue  out  letters,  according  to  your 
desire.  I  will  also  take  care  to  apply  the  public  revenue  to 
the  most  proper  uses  that  the  present  affairs  require :  And 
likewise  endeavour  to  put  Ireland  into  such  a  condition,  as 
that  the  Protestant  religion,  and  the  English  interests,  may 
be  maintained  in  that  Kingdom.  And  I  further  assure  you, 
That  as  I  came  hither  for  the  preservation  of  the  Protestant 


"THE  GLORIOUS  REVOLUTION"  421 

religion,  and  the  laws  and  liberties  of  these  kingdoms;  so  I 
shall  always  be  ready  to  expose  myself  to  any  hazard,  for 
the  defense  of  the  same. 

(Kennett,  ed.  cit.,  Ill,  540.) 

185.  William  of  Orange  to  the  Commons 

(Dec.  26,  1688) 

In  accordance  with  the  invitation  of  the  Prince  of  Orange 
(No.  181)  members  of  the  Commons'  House  of  the  Parliaments 
held  during  the  reign  of  Charles  II.,  and  the  Lord  Mayor  and 
court  of  the  City  of  London,  as  well  as  representatives  of  the 
Common  Council  of  the  City  of  London,  gathered  for  the  pur- 
pose of  forming  a  Parliament.  The  Prince  briefly  addressed 
them,  and  authorized  them  to  carry  out  the  purpose  of  their 
meeting. 

You  gentlemen  that  have  been  members  of  the  late  Par- 
liaments, I  have  desired  you  to  meet  me  here,  to  advise  the 
best  manner  how  to  persue  the  ends  of  my  declaration,  in 
calling  a  free  Parliament,  for  the  preservation  of  the  Prot- 
estant religion,  and  the  restoring  the  rights  and  liberties  of 
the  kingdom,  and  settling  the  same,  that  they  may  not  be  in 
danger  of  being  again  subverted. 

And  you  the  aldermen  and  members  of  the  Common-Coun- 
cil of  the  City  of  London,  I  desire  the  same  of  you.  And  m 
regard  your  numbers  are  like  to  be  great,  you  may,  if  you 
think  fit,  divide  yourselves,  and  sit  in  several  places. 

(Kennett,  ed.  cit.,  Ill,  539. 

1 86.   The  Commons  Answer  the  Prince 

(Dec.  26,  1688) 

Upon  receipt  of  the  command  (No.  185)  the  Commons  unani- 
mously consented  to  proceed  with  the  organization  of  parlia- 
mentary government.  They  thanked  the  Prince  for  undertaking 
the  care  of  the  kingdom,  and  suggested  methods  for  calling  the 
Parliament  together. 

We  who  have  served  as  members  of  the  Parliaments 
during  the  reign  of  the  late  King  Charles  II.  together  with 
the  Court  of  Aldermen,  and  members  of  the  Common-Council 
of  the  City  of  London,  assembled  at  Your  Highness's  desire 
(in  this  extraordinary  conjuncture),  do,  with  an  unanimous 
consent,  tender  to  your  Highness  our  humble  and  hearty 
thanks,  for  your  coming  in  this  kingdom,  and  exposing 
your  person  to  so  great  hazards,  for  the  preservation  of  our 
religion,  laws,  and  liberties,  and  rescuing  us  from  the  mis- 
eries of  popery  and  slavery :  And  desire  your  Highness,  that 


422  SOURCE-BOOK  OF  ENGLISH  HISTORY 

(in  pursuance  of  those  ends,  and  for  the  preservation  of 
the  peace  of  the  nation)  your  Highness  will  take  upon  you 
the  administration  of  public  affairs,  both  civil  and  military, 
and  the  disposal  of  the  public  revenue. 

We  do  also  desire,  That  your  Highness  will  take  into  your 
particular  care,  the  present  condition  of  Ireland;  and  en- 
deavour, by  the  most  speedy  and  effectual  means,  to  prevent 
the  dangers  threatening  that  kingdom. 

All  which,  we  desire  your  Highness  to  undertake  and 
execute,  until  the  meeting  of  the  intended  convention,  the 
22d  day  of  January  next . . . 

[Suggestions  as  to  summoning  Parliament  follow.  They 
are  almost  identical  with  those  of  the  Lords.  No.  183.] 

(Kennett,  ed.  cit.,  Ill,  539.) 

187.  The  Prince's  Address  to  Parliament 

'On  Tuesday,  January  22,  1688-9,  the  Lords  Spiritual  and 
Temporal,  and  Commons,  assembled  at  Westminster :  the  Lord 
Marquis  of  Halifax,  executed  the  place  of  Speaker  in  the  House 
of  Lords,  and  the  Commons  chose  Henry  Powle,  Esq.,  to  be  their 
speaker.  After  which  this  letter  from  the  Prince  of  Orange  was 
read  in  both  Houses  on  the  occasion  of  their  meeting.' 

I  have  endeavoured,  to  the  utmost  of  my  power,  to  perform 
what  was  desired  from  me,  in  order  to  the  public  peace  and 
safety,  and  I  do  not  know  that  any  thing  hath  been  omitted, 
which  might  tend  to  the  preservation  of  them,  since  the  ad- 
ministration of  affairs  was  put  into  my  hands.  It  now 
lieth  upon  you  to  lay  the  foundations  of  a  firm  security  for 
your  religion,  your  laws,  and  your  liberties. 

I  do  not  doubt,  but  that  by  such  a  full  and  free  repre- 
sentative of  the  nation,  as  is  now  met,  the  ends  of  my  decla- 
ration will  be  attained :  And  since  it  hath  pleased  God  hitherto 
to  bless  my  good  intentions  with  so  good  success;  I  trust  in 
Him,  that  we  will  complete  His  own  work,  by  sending  a  spirit 
of  peace  and  union,  to  influence  your  counsels,  that  no 
interruption  may  be  given  to  an  happy  and  lasting  settle- 
ment. 

The  dangerous  condition  of  the  Protestants  in  Ireland, 
require  a  large  and  speedy  succour ;  and  the  present  state  of 
things  abroad,  oblige  me  to  tell  you,  that  next  to  the  danger 
of  unseasonable  divisions  amongst  yourselves,  nothing  can 
be  so  fatal,  as  too  great  a  delay  in  your  consultations.  The 
states,  by  whom  I  have  been  enabled  to  rescue  this  nation, 
may  suddenly  feel  the  ill  effects  of  it,  both  by  being  too  long 


"THE  GLORIOUS  REVOLUTION"  423 

deprived  of  the  service  of  their  troops,  which  are  now  here, 
and  of  your  early  assistance  against  a  powerful  enemy,  who 
hath  declared  war  against  them.  And  as  England  is  by 
treaty  already  engaged  to  help  them  upon  such  exigencies, 
so  I  am  confident  that  their  cheerful  concurrence  to  preserve 
this  kingdom  with  so  much  hazard  to  themselves,  will  meet 
with  all  the  returns  of  friendship  and  assistance,  which  may 
be  expected  from  you  as  Protestants  and  Englishmen,  when- 
ever their  condition  shall  require  it. 

(Kennett,  ed.  cit.,  Ill,  541.) 

1 88.   The  Parliamentary  Title  of  the  Sovereigns  of  England 

(Feb.  13,  1688) 

The  era  of  Kingship  by  Divine  Right  passed  with  the  fugitive 
Stuart.  Once  again  in  England  the  principle  of  an  elective  King- 
ship was  vindicated.  The  title  of  William  and  Mary  plainly 
rested  upon  parliamentary  action,  and  since  1688  the  Sovereigns 
of  England  have  had  in  the  will  of  the  people  a  sure  foundation 
for  their  thrones.  The  determination  of  William  to  be  the  sole 
executive  head  of  the  nation,  —  a  determination  that  prohibited 
the  co-sovereignty  of  Mary,  —  is  clearly  shown  in  the  act  con- 
ferring the  crown  upon  him. 

The  said  Lords  Spiritual  and  Temporal,  and  Commons  as- 
sembled at  Westminster,  do  Resolve : 

That  William  and  Mary,  Prince  and  Princess  of  Orange 
be,  and  be  declared  King  and  Queen  of  England,  France^ 
and  Ireland,  and  the  dominions  thereunto  belonging,  to  hold 
the  crown  and  royal  dignity  of  the  said  kingdoms  and 
Dominions,  to  them  the  said  Prince  and  Princess  during  their 
lives,  and  the  life  of  the  survivor  of  them ;  and  that  the  sole 
and  full  exercise  of  the  royal  power  be  only  in,  and  ex- 
ecuted by  the  said  Prince  of  Orange,  in  the  names  of  the 
Prince  and  Princess  during  their  lives;  And  after  their 
deceases,  the  said  crown  and  royal  dignity  of  the  said  king- 
doms and  dominions  to  the  heirs  of  the  body  of  the  said  Prin- 
ces; And  for  default  of  such  issue,  to  the  Princess  Anne 
of  Denmark,  and  the  heirs  of  her  body ;  a  rd  for  default 
of  such  issue,  to  the  heirs  of  the  body  of  the  said  Prince  of 
Orange. 

And  the  said  Lords  Spiritual  and  Temporal,  and  Commons, 
do  pray  the  said  Prince  and  Princess  of  Orange  to  accept 
the  same  accordingly. 

REPLY  OF  THE    KING 

My  Lords  and  Gentlemen: 

This  is  certainly  the  greatest  proof  of  the  trust  you  have 


424  SOURCE-BOOK  OF  ENGLISH  HISTORY 

in  me  that  can  be  given,  which  is  the  thing  that  makes  us 
value  it  the  more :  And  as  I  had  no  other  intention  in  coming 
hither,  than  to  preserve  your  religion,  laws,  and  liberties,  so 
you  may  be  sure,  that  I  shall  endeavour  to  support  them,  and 
shall  be  willing  to  concur  in  anything  that  shall  be  for  the 
good  of  the  kingdom,  and  to  do  all  that  is  in  my  power  to 
advance  the  welfare  and  glory  of  the  nation. 

(Kennett,  ed.  cit.,  Ill,  548.) 

189.    The  Bill  of  Rights 

(l   W.   &   M.    S.   2,  C.   2,   1689) 

Statutes  of  the  Realm 

Among  the  great  constitutional  documents  the  Bill  of  Rights, 
passed  in  October,  1689,  ranks  with  the  Magna  Charta.  On  this 
great  Act  Macaulay  says :  "The  Declaration  of  Right,  though  it 
made  nothing  law  which  had  not  been  law  before,  contained  the 
germ  of  the  law  which  gave  religious  freedom  to  the  Dissenter, 
of  the  law  which  secured  the  independence  of  the  judges,  of  the 
law  which  limited  the  duration  of  parliaments,  of  the  law  which 
placed  the  liberty  of  the  press  under  the  protection  of  juries,  of 
the  law  which  prohibited  the  slave  trade,  of  the  law  which  abol- 
ished the  sacramental  test,  of  the  law  which  relieved  the  Roman 
Catholics  from  civil  disabilities,  of  the  law  which  reformed  the 
representative  system,  of  every  good  law  which  has  been  passed 
during  more  than  a  century  and  a  half,  of  every  good  law  which 
may  hereafter,  in  the  course  of  ages,  be  found  necessary  to  pro- 
mote the  public  weal,  and  to  satisfy  the  demands  of  public 
opinion." 

AN  ACT  DECLARING  THE  RIGHTS  AND  LIBERTIES  OF  THE  SUBJECT 
AND  SETTLING  THE  SUCCESSION  OF  THE  CROWN 

Whereas  the  Lords  Spiritual  and  Temporal,  and  Commons, 
assembled  at  Westminster,  lawfully,  fully,  and  freely  re- 
presenting all  the  estates  of  the  people  of  this  realm,  did, 
upon  the  thirteenth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  six  hundred  eighty-eight,  present  unto  theit 
Majesties,  then  called  and  known  by  the  names  and  style  of 
William  and  Mary,  Prince  and  Princess  of  Orange,  being 
present  in  their  proper  persons,  a  certain  declaration  in 
writing,  made  by  the  said  Lords  and  Commons,  in  the  words 
following ;  viz  : — 

Whereas  the  late  King  James  II.,  by  the  assistance  of 
diverse  evil  counsellors,  judges,  and  ministers  employed  by 
him,  did  endeavour  to  subvert  and  extirpate  the  Protestant 
religion,  and  the  laws  and  liberties  of  this  kingdom  :— 

i.  By  assuming  and  exercising  a  power  of  dispensing  with 
and  suspending  of  laws,  and  the  execution  of  laws,  without 
consent  of  Parliament. 


"THE  GLORIOUS  REVOLUTION"  425 

2.  By  committing  and  prosecuting  divers  worthy  prelates, 
for  humbly  petitioning  to  be  excused  form  concurring  to  the 
same  assumed  power. 

3.  By  issuing  and  causing  to  be  executed  a  commission 
under  the  Great  Seal  for  erecting  a  court,  called  the  Court 
of  Commissioners  for  Ecclesiastical  Causes. 

4.  By  levying  money  for  and  to  the  use  of  the  Crown,  by 
pretence  of  prerogative,  for  other  time,  and  in  other  manner 
than  the  same  was  granted  by  Parliament. 

5.  By   raising  and  keeping  a   standing  army   within   this 
kingdom  in  time  of  peace,  without  consent  of  Parliament, 
and  quartering  soldiers  contrary  to  law. 

6.  By  causing   several   good   subjects,  being   Protestants, 
to  be  disarmed,  at  the  same  time  when  Papists  were  both 
armed  and  employed  contrary  to  law. 

7.  By  violating  the   freedom  of  election  of  members  to 
serve  in  Parliament. 

8.  By   prosecutions   in   the   Court   of   King's   Bench,    for 
matters  and  causes  cognizable  only  in  Parliament ;  and  by 
diverse  other  arbitrary  and  illegal  courses. 

9.  And  whereas  of  late  years,  partial,  corrupt,   and  un- 
qualified persons  have  been  returned  and  served  on  juries  in 
trials,    and    particularly    diverse    jurors    in    trials    for   high 
treason,  which  were  not  freeholders. 

10.  And  excessive  bail  hath  been  required  of  persons  com- 
mitted in  criminal  cases,  to  elude  the  benefit  of  the  laws 
made  for  the  liberty  of  the  subjects. 

n.  And  excessive  fines  have  been  imposed. 

12.  And  illegal  and  cruel  punishments  inflicted. 

13.  And  several  grants  and  promises  made  of  fines  and 
forfeitures,  before  any  conviction  or  judgment  against  the 
persons  upon  whom  the  same  were  to  be  levied. 

All  which  are  utterly  and  directly  contrary  to  the  known 
laws  and  statutes,  and  freedom  of  this  realm. 

And  whereas  the  said  late  King  James  II.  having  abdicated 
the  government,  and  the  throne  being  thereby  vacant,  his 
Highness  the  Prince  of  Orange  (whom  it  hath  pleased  Al- 
mighty God  to  make  the  glorious  instrument  of  delivering 
this  kingdom  from  popery  and  arbitrary  power)  did  (by  the 
advice  of  the  Lords  Spiritual  and  Temporal,  and  diverse 
principal  persons  of  the  Commons)  cause  letters  to  be  written 
to  the  Lords  Spiritual  and  Temporal,  being  Protestants,  and 
other  letters  to  the  several  counties,  cities,  universities,  bor- 
oughs, and  cinque  ports,  for  the  choosing  of  such  persons 


426  SOURCE-BOOK  OF  ENGLISH  HISTORY 

to  represent  them,  as  were  of  right  to  be  sent  to  Parliament, 
to  meet  and  sit  at  Westminster  upon  the  two-and-twentieth 
day  of  January,  in  this  year  one  thousand  six  hundred  eighty 
and  eight,  in  order  to  such  an  establishment,  as  that  their 
religion,  laws  and  liberties  might  not  again  be  in  danger  of 
being  subverted;  upon  which  letters,  elections  have  been  ac- 
cordingly made. 

And  thereupon  the  said  Lords  Spiritual  and  Temporal, 
and  Commons,  pursuant  to  their  respective  letters  and  elec- 
tions, being  now  assembled  in  a  full  and  free  representation^ 
of  this  nation,  taking  into  their  most  serious  consideration 
the  best  means  for  attaining  the  ends  aforesaid,  do  in  the 
first  place  (as  their  ancestors  in  like  case  have  usually  done), 
for  the  vindicating  and  asserting  their  ancient  rights  and 
liberties,  declare : — 

1.  That  the  pretended  power  of  suspending  of  laws,  or  the 
execution   of  laws,   by   regal   authority,   without   consent   of 
parliament,   is  illegal. 

2.  That  the  pretended  power  of  dispensing  with  laws,  or 
the  execution  of  laws  by  regal  authority,  as  it  hath  been  as- 
sumed and  exercised  of  late,  is  illegal. 

3.  That  the  commission  for  erecting  the  late  Court  of  Com- 
missioners for  Ecclesiastical  causes,  and  all  other  commis- 
sions and  courts  of  like  nature,  are  illegal  and  pernicious. 

4.  That  levying  money  for  or  to  the  use  of  the  Crown,  by 
pretence   of   prerogative,    without   grant   of   parliament,    for 
longer  time  or  in  other  manner  than  the  same  is  or  shall  be 
granted,  is  illegal. 

5.  That  it  is  the  right  of  the  subjects  to  petition  the  king, 
and  all  commitments  and  prosecutions  for  such  petitioning 
are  illegal. 

6.  That  the  raising  or  keeping  a  standing  army  within  the 
kingdom  in  time  of  peace,  unless  it  be  with  consent  of  parlia- 
ment, is  against  law. 

7.  That  the  subjects  which  are  Protestants  may  have  arms 
for  their  defence  suitable  to  their  conditions,  and  as  allowed 
by  law. 

8.  That  election  of  members  of  parliament  ought  to  be  free. 

9.  That  the  freedom  of  speech,  and  debates  or  proceedings 
in  parliament,  ought  not  to  be  impeached  or  questioned  in 
any  court  or  place  out  of  parliament. 

10.  That  excessive  bail  ought  not  to  be  required,  nor  exces- 
sive fines  imposed;  nor  cruel  and  unusual  punishments  in- 
flicted. 


"THE  GLORIOUS  REVOLUTION"  427 

11.  That  jurors  ought  to  be  duly  impanelled  and  returned, 
and  jurors  which  pass  upon  men  in  trials  for  high  treason 
ought  to  be  freeholders. 

12.  That  all  grants  and  promises  of  fines  and  forfeitures 
of  particular  persons  before  conviction,  are  illegal  and  void. 

13.  And  that  for  redress  of  all  grievances,  and  for  the 
amending,  strengthening,  and  preserving  of  the  laws,  parlia- 
ments ought  to  be  held  frequently. 

And  they  do  claim,  demand,  and  insist  upon  all  and  singular 
the  premises,  as  their  undoubted  rights  and  liberties;  and 
that  no  declarations,  judgments,  doings  or  proceedings,  to  the 
prejudice  of  the  people  in  any  of  the  said  premises,  ought  in 
any  wise  to  be  drawn  hereafter  into  consequence  or  example. 

To  which  demand  of  their  rights  they  are  particularly  en- 
couraged by  the  declaration  of  his  Highness  the  Prince  of 
Orange,  as  being  the  only  means  for  obtaining  a  full  redress 
and  remedy  therein. 

Having  therefore  an  entire  confidence  that  his  said  High- 
ness the  Prince  of  Orange  will  perfect  the  deliverance  so  far 
advanced  by  him,  and  will  still  preserve  them  from  the  viola- 
tion of  their  rights,  which  they  have  here  asserted,  and  from 
all  other  attempts  upon  their  religion,  rights,  and  liberties: 

II.  The  said  Lords  Spiritual  and  Temporal,  and  Commons, 
assembled    at    Westminster,    do    resolve,    that    William    and 
Mary,  Prince  and  Princess  of  Orange,  be,  and  be  declared, 
King  and  Queen  of  England,  France,  and  Ireland,  and  the 
dominions  thereunto  belonging,  to  hold  the  Crown  and  royal 
dignity  of  the  said  kingdoms  and  dominions  to  them  the  said 
Prince  and  Princess  during  their  lives,  and  the  life  of  the 
survivor  of  them ;  and  that  the  sole  and  full  exercise  of  the 
regal  power  be  only  in,  and  executed  by,  the  said  Prince  of 
Orange,  in  the  names  of  the  said  Prince  and  Princess,  during 
their  joint  lives ;  and  after  their  deceases,  the  said  Crown  and 
royal  dignity  of  the  said  kingdoms  and  dominions  to  be  to 
the  heirs  of  the  body  of  the  said  Princess;  and  for  default 
of  such  issue  to  the  Princess  Anne  of  Denmark,  and  the  heirs 
of  her  body  and  for  default  of  such  issue  to  the  heirs  of  the 
body  of  the  said  Prince  of  Orange.     And  the  Lords  Spiritual 
and  Temporal,  and  Commons,  do  pray  the  said  Prince  and 
Princess  to  accept  the  same  accordingly. 

III.  And  that  the  oaths  hereafter  mentioned  be  taken  by 
all  persons  of  whom  the  oaths  of  allegiance  and  supremacy 
might  be  required  by  law,  instead  of  them ;  and  that  the  said 
oaths  of  allegiance  and  supremacy  be  abrogated. 


428  SOURCE-BOOK  OF  ENGLISH  HISTORY 

I,  A.  B.,  do  sincerely  promise  and  swear,  That  I  will  be 
faithful  and  bear  true  allegiance  to  their  Majesties  King 
William  and  Queen  Mary: 

So  help  me  God. 

I,  A.  B.,  do  swear,  That  I  do  from  my  heart,  abhor,  detest, 
and  abjure  as  impious  and  heretical,  that  damnable  doctrine 
and  position,  that  Princes  excommunicated  or  deprived  by 
the  Pope,  or  any  authority  of  the  See  of  Rome,  may  be  de- 
posed or  murdered  by  their  subjects,  or  any  other  what- 
soever. And  I  do  declare,  that  no  foreign  prince,  person, 
prelate,  state,  or  potentate  hath,  or  ought  to  have,  any  juris- 
diction, power,  superiority,  pre-eminence,  or  authority  ec- 
clesiastical or  spiritual,  within  this  realm : 

So  help  me  God. 

IV.  Upon  which  their  said  Majesties  did  accept  the  Crown 
and  royal  dignity  of  the  kingdoms  of  England,  France,  and 
Ireland,  and  the  dominions  thereunto  belonging,  according 
to  the  resolution  and  desire  of  the  said  Lords  and  Commons 
contained  in  the  said  declaration. 

V.  And  thereupon  their  Majesties  were  pleased,  that  the  said 
Lords  Spiritual  and  Temporal,  and  Commons,  being  the  two 
Houses  of  Parliament,  should  continue  to  sit,  and  with  their 
Majesties'  royal  concurrence  make  effectual  provision  for 
the  settlement  of  the  religion,  laws,  and  liberties  of  this  king- 
dom, so  that  the  same  for  the  future  might  not  be  in  danger 
again  of  being  subverted;  to  which  the  said  Lords  Spiritual 
and  Temporal,  and  Commons,  did  agree  and  proceed  to  act 
accordingly. 

VI.  Now  in  pursuance  of  the  premises,  the  said  Lords 
Spiritual  and  Temporal,  and  Commons,  in  parliament  as- 
sembled, for  the  ratifying,  confirming,  and  establishing  the 
said  declaration,  and  the  articles,  clauses,  matters,  and  things 
therein  contained,  by  the  force  of  a  law  made  in  due  form 
by  authority  of  parliament,  do  pray  that  it  may  be  declared 
and  enacted,  That  all  and  singular  the  rights  and  liberties 
asserted  and  claimed  in  the  said  declaration,  are  the  true, 
ancient,  and  indubitable  rights  and  liberties  of  the  people 
of  this  kingdom,  and  so  shall  be  esteemed,  allowed,  adjudged, 
deemed,  and  taken  to  be,  and  that  all  and  every  the  partic- 
ulars aforesaid  shall  be  firmly  and  strictly  holden  and  ob- 
served, as  they  are  expressed  in  the  said  declaration ;  and 
all  officers  and  ministers  whatsoever  shall  serve  their  Ma- 


"THE  GLORIOUS  REVOLUTION"  ^9 

jesties  and  their  successors  according  to  the  same  in  all  times 
to  come. 

VII.  And  the   said   Lords    Spiritual   and   Temporal,   and 
Commons,    seriously   considering   how   it   hath    pleased    Al- 
mighty  God,    in   his   marvellous   providence,    and   merciful 
goodness  to  this  nation,  to  provide  and  preserve  their  said 
Majesties'  royal  persons  most  happily  to  reign  over  us  upon 
the  throne  of  their  ancestors,   for  which  they  render  unto 
Him  from  the  bottom  of  their  hearts  their  humblest  thanks 
and  praises,  do  truly,  firmly,  assuredly,  and  in  the  sincerity 
of  their  hearts,  think,  and  do  hereby  recognize,  acknowledge, 
and  declare,  that  King  James  II.  having  abdicated  the  govern- 
ment, and  their  Majesties  having  accepted  the  Crown  and 
royal   dignity   aforesaid,   their   said   Majesties   did   become, 
were,  are,  and  of  right  ought  to  be,  by  the  laws  of  this  realm, 
our  sovereign  liege  Lord  and  Lady,  King  and  Queen  of  Eng- 
land, France,  and  Ireland,  and  the  dominions  thereunto  be- 
longing, in  and  to  whose  princely  persons  the  royal   State, 
Crown,  and  dignity  of  the  same  realms,  with  ail  honours, 
styles,    titles,    regalities,    prerogatives,   powers,    jurisdictions 
and  authorities  to  the  same  belonging  and  appertaining,  are 
most  fully,  rightfully,  and  entirely  invested  and  incorporated, 
united  and  annexed. 

VIII.  And   for  preventing  all  questions  and  divisions  in 
this  realm,  by  reason  of  any  pretended  titles  to  the  Crown, 
and  for  preserving  a  certainty  in  the  succession  thereof,  in 
and  upon  which  the  unity,  peace,  tranquillity,  and  safety  of 
this  nation  doth,  under  God,  wholly  consist  and  depend,  the 
said  Lords  Spiritual  and  Temporal,  and  Commons,  do  be- 
seech their  Majesties  that  it  may  be  enacted,  established,  and 
declared,  that  the  Crown  and  regal  government  of  the  said 
kingdoms  and  dominions,  with  all  and  singular  the  premises 
thereunto  belonging  and  appertaining,  shall  be  and  continue 
to  their  said  Majesties,  and  the  survivor  of  them,  during 
their  lives,  and  the  life  of  the  survivor  of  them.     And  that 
the  entire,  perfect,  and  full  exercise  of  the  regal  power  and 
government  be  only  in,  and  executed  by,  his  Majesty,  in  the 
names  of  both  their  Majesties  during  their  joint  lives;  and 
after  their  deceases  the  said  Crown  and  premises  shall  be 
and  remain  to  the  heirs  of  the  body  of  her  Majesty:  and  for 
default  of  such  issue,  to  her  Royal  Highness  the  Princess 
Anne  of  Denmark,  and  the  heirs  of  her  body ;  and  for  default 
of  such  issue,  to  the  heirs  of  the  body  of  his  said  Majesty: 
and  thereunto  the  -said  Lords  Spiritual  and  Temporal,  and 


43°  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Commons,  do,  in  the  name  of  all  the  people  aforesaid,  most 
humbly  and  faithfully  submit  themselves,  their  heirs  and 
posterities,  for  ever:  and  do  faithfully  promise,  That  they 
will  stand  to,  maintain,  and  defend  their  said  Majesties,  and 
also  the  limitation  and  succession  of  the  Crown  herein  speci- 
fied and  contained,  to  the  utmost  of  their  powers,  with  their 
lives  and  estates,  against  all  persons  whatsoever  that  shall 
attempt  anything  to  the  contrary. 

IX.  And  whereas  it  hath  been  found  by  experience,  that  it 
is  inconsistent  with  the  safety  and  welfare  of  this  Protestant 
kingdom,  to  be  governd  by  a  Popish  prince,  or  by  any  king 
or  queen  marrying  a  Papist,  the   said  Lords  Spiritual   and 
Temporal,  and  Commons,  do  further  pray  that  it  may  be  en- 
acted, That  all  and  every  person  and  persons  that  is,  are,  or 
shall  be  reconciled  to,   or   shall  hold  communion  with,   the 
See  or  Church  of  Rome,  or  shall  profess  the  Popish  religion, 
or  shall  marry  a  Papist,  shall  be  excluded,  and  be  for  ever 
incapable  to  inherit,  possess,  or  enjoy  the  Crown  and  govern- 
ment of  this  realm,  and  Ireland,  and  the  dominions  thereunto 
belonging,  or  any  part  of  the  same,  or  to  have,  use,  or  exercise 
any  regal  power,  authority,  or  jurisdiction  within  the  same ; 
and  in  all  and  every  such  case  or  cases  the  people  of  these 
realms  shall  be  and  are  hereby  absolved  of  their  allegiance ; 
and  the  said  Crown  and  Government  shall  from  time  to  time 
descend  to,  and  be  enjoyed  by,  such  person  or  persons,  being 
Protestants,  as  should  have  inherited  and  enjoyed  the  same, 
in  case  the  said  person  or  persons  so  reconciled,  holding  com- 
munion, or  professing,  or  marrying  as  aforesaid,  were  natur- 
ally dead. 

X.  And  that  every  king  and  queen  of  this  realm,  who  at 
any  time  hereafter  shall  come  to  succeed  in  the  Imperial 
Crown  of  this  kingdom,  shall,  on  the  first  day  of  the  meeting 
of  the  first  parliament,  next  after  his  or  her  coming  to  the 
Crown,  sitting  in  his  or  her  throne  in  the  House  of  Peers,  in 
the  presence  of  the  Lords  and  Commons  therein  assembled, 
or  at  his  or  her  coronation,  before  such  person  or  persons 
who  shall  administer  the  coronation  oath  to  him  or  her,  at 
the  time  of  his  or  her  taking  the  said  oath  (which  shall  first 
happen),  make,  subscribe,  and  audibly  repeat  the  declaration 
mentioned  in  the  statute  made  in  the  thirtieth  year  of  the 
reign  of  King  Charles  II.,  intituled  'An  Act  for  the  more 
effectual  preserving  the  King's  person  and  government,  by 
disabling  Papists  from  sitting  in  either  House  of  Parliament.' 
But  if  it  shall  happen,  that  such  king  W  queen,  upon  his  or 


"THE  GLORIOUS  REVOLUTION"  *$l 

her  succession  to  the  Crown  of  this  realm,  shall  be  under  the 
age  of  twelve  years,  then  every  such  king  or  queen  shall 
make,  subscribe,  and  audibly  repeat  the  said  declaration  at 
his  or  her  coronation,  or  the  first  day  of  the  meeting  of  the 
first  parliament  as  aforesaid,  which  shall  first  happen  after 
such  king  or  queen  shall  have  attained  the  said  age  of  twelve 
years. 

XI.  All  which  their  Majesties  are  contented  and  pleased 
shall  be  declared,  enacted,  and  established  by  authority  of  this 
present  parliament,  and  shall  stand,  remain,  and  be  the  law 
of  this  realm  for  ever;  and  the  same  are  by  their  said  Ma- 
jesties, by  and  with  the  advice  and  consent  of  the  Lords 
Spiritual   and  Temporal,   and   Commons,   in  parliament  as- 
sembled, and  by  the  authority  of  the  same,  declared,  enacted, 
and  established  accordingly. 

XII.  And  be  it  further  declared  and  enacted  by  the  au- 
thority aforesaid,  That  from  and  after  this  present  session  of 
parliament,  no  dispensation  by  non  obstante  of  or  to  any 
statute,  or  any  part  thereof,  shall  be  allowed,  but  that  the 
same  shall  be  held  void  and  of  no  effect,  except  a  dispensa- 
tion be  allowed  of  in  such  statute,  and  except  in  such  cases 
as  shall  be  specially  provided  for  by  one  or  more  bill  or  bills 
to  be  passed  during  this  present  session  of  parliament. 

XIII.  Provided  that  no  charter,  or  grant,  or  pardon  granted 
before  the  three-and-twentieth  day  of  October,  in  the  year 
of  our  Lord  One  thousand  six  hundred  eighty-nine,  shall  be 
any  ways  impeached  or  invalidated  by  this  act,  but  that  the 
same  shall  be  and  remain  of  the  same  force  and  effect  in  law, 
and  no  other,  than  as  if  this  act  had  never  been  made. 

(Ed.  from  Statutes  of  the  Realm,  VI,  142-145.) 

190.    The  Act  of  Settlement 

(12  &  13  WILL.  Ill,  1700) 

Statutes  of  the  Realm 

The  Act  of  Settlement,  or  Act  of  Succession,  became  a  law  on 
June  12,  1701.  HALLAM  says  of  this  important  statute  that  it  is 
"the  seal  of  our  constitutional  laws,  the  complement  of  the  Revo- 
lution itself  and  the  Bill  of  Rights,  and  the  last  great  statute 
which  restrains  the  power  of  the  Crown." 

AN  ACT  FOR  THE  FURTHER  LIMITATION  OF  THE  CROWN,  AND 
BETTER  SECURING  THE  RIGHTS  AND  LIBERTIES  OF  THE 
SUBJECT 

Whereas  in  the  first  year  of  the  reign  of  your  Majesty,  and 
of  our  late  most  Gracious  Sovereign  Lady  Queen  Mary  (of 


432  SOURCE-BOOK  OF  ENGLISH  HISTORY 

blessed  memory)  an  Act  of  Parliament  was  made,  intituled 
"An  Act  for  declaring  the  Rights  and  Liberties  of  the  Sub- 
ject, and  for  settling  the  Succession  of  the  Crown,"  where- 
in it  was  (amongst  other  things)  enacted,  established  and 
declared,  That  the  Crown  and  Regal  Government  of  the 
kingdoms  of  England,  France  and  Ireland,  and  the  dominions 
thereunto  belonging,  should  be  and  continue  to  your  Majesty 
and  the  said  late  Queen,  during  the  joint-lives  of  your  Ma- 
jesty and  the  said  Queen,  and  to  the  survivor :  And  that 
after  the  decease  of  your  Majesty  and  of  the  said  Queen, 
the  said  Crown  and  Regal  Government  should  be  and  remain 
to  the  heirs  of  the  body  of  the  said  late  Queen :  And  for 
default  of  such  issue,  to  her  Royal  Highness  the  Princess 
Anne  of  Denmark,  and  the  heirs  of  her  body:  And  for  de- 
fault of  such  issue,  to  the  heirs  of  the  body  of  your  Majesty. 
And  it  was  thereby  further  enacted,  That  all  and  every 
person  and  persons  that  then  were,  or  afterwards  should 
be  reconciled  to,  or  shall  hold  communion  with  the  See  or 
Church  of  Rome,  or  should  profess  the  Popish  religion,  or 
marry  a  Papist,  should  be  excluded,  and  are  by  that  act  made 
for  ever  uncapable  to  inherit,  possess,  or  enjoy  the  Crown  and 
Government  of  this  realm  and  Ireland,  and  the  dominions 
thereunto  belonging,  or  any  part  of  the  same,  or  to  have, 
use,  or  exercise  any  regal  power,  authority,  or  jurisdiction 
within  the  same :  and  in  all  and  every  such  case  and  cases 
the  people  of  these  realms  shall  be  and  are  thereby  absolved 
of  their  allegiance :  And  that  the  said  Crown  and  Govern- 
ment shall  from  time  to  time  descend  to  and  be  enjoyed  by 
such  person  or  persons,  being  Protestants,  as  should  have  in- 
herited and  enjoyed  the  same,  in  case  the  said  person  or 
persons,  so  reconciled,  holding  communion,  professing,  or 
marrying  as  aforesaid,  were  naturally  dead.  After  the 
making  of  which  statute,  and  the  settlement  therein  con- 
tained, your  Majesty's  good  subjects,  who  were  restored 
to  the  full  and  free  possession  and  enjoyment  of  their  re- 
ligion, rights,  and  liberties,  by  the  providence  of  God  giving 
success  to  your  Majesty's  just  undertakings  and  unwearied 
endeavours  for  that  purpose,  had  no  greater  temporal  felicity 
to  hope  or  wish  for.  then  to  see  a  royal  progeny  descending 
from  your  Majesty,  to  whom  (under  God)  they  owe  their 
tranquillity,  and  whose  ancestors  have  for  many  years  been 
principal  assertors  of  the  reformed  religion  and  the  liberties 
of  Europe,  and  from  our  said  most  Gracious  Sovereign  Lady, 
whose  memory  will  always  be  precious  to  the  subjects  of 


"THE  GLORIOUS  REVOLUTION"  433 

these  realms:  And  it  having  since  pleased  Almighty  God  to 
take  away  our  said  Sovereign  Lady,  and  also  the  most  hope- 
ful Prince  William  Duke  of  Gloucester  (the  only  surviving 
issue  of  her  Royal  Highness  the  Princess  Anne  of  Denmark) 
to  the  unspeakable  grief  and  sorrow  of  your  Majesty  and 
your  said  good  subjects,  who  under  such  losses  being  sensibly 
put  in  mind,  that  it  standeth  wholly  in  the  pleasure  of  Al- 
mighty God  to  prolong  the  lives  of  your  Majesty  and  of  her 
Royal  Highness,  and  to  grant  to  your  Majesty,  or  to  her 
Royal  Highness,  such  issue  as  may  be  inheritable  to  the 
Crown  and  regal  Government  aforesaid,  by  the  respective 
limitations  in  the  said  recited  Act  contained,  do  constantly 
implore  the  Divine  Mercy  for  those  blessings:  and  your 
Majesty's  said  subjects  having  daily  experience  of  your  royal 
care  and  concern  for  the  present  and  future  welfare  of  these 
kingdoms,  and  particularly  recommending  from  your  Throne 
a  further  provision  to  be  made  for  the  succession  of  the 
Crown  in  the  Protestant  line,  for  the  happiness  of  the  nation, 
and  the  security  of  our  religion ;  and  it  being  absolutely  neces- 
sary for  the  safety,  peace  and  quiet  of  this  realm,  to  obviate 
all  doubts  and  contentions  in  the  same,  by  reason  of  any  pre- 
tended titles  to  the  Crown,  and  to  maintain  a  certainty  in  the 
succession  thereof,  to  which  your  subjects  may  safely  have 
recourse  for  their  protection,  in  case  the  limitations  in  the 
said  recited  Act  should  determine :  Therefore  for  a  further 
provision  of  the  succession  of  the  Crown  in  the  Protestant 
line,  we  your  Majesty's  most  dutiful  and  loyal  subjects,  the 
Lords  Spiritual  and  Temporal,  and  Commons,  in  this  present 
Parliament  assembled,  do  beseech  your  Majesty  that  it  may 
be  enacted  and  declared,  and  be  it  enacted  and  declared  by 
the  King's  most  excellent  Majesty,  by  and  with  the  advice 
and  consent  of  the  Lords  Spiritual  and  Temporal,  and  Com- 
mons, in  this  present  Parliament  assembled,  and  by  the 
authority  of  the  same,  That  the  most  Excellent  Princess 
Sophia,  Electress  and  Duchess  Dowager  of  Hanover,  daugh- 
ter of  the  most  Excellent  Princess  Elizabeth,  late  Queen  of 
Bohemia,  daughter  of  our  late  Sovereign  Lord  King  James  I, 
of  happy  memory,  be  and  is  hereby  declared  to  be  the  next  in 
succession,  in  the  Protestant  line,  to  the  Imperial  Crown  and 
dignity  of  the  said  realms  of  England,  France  and  Ireland, 
with  the  dominions  and  territories  thereunto  belonging,  after 
his  Majesty,  and  the  Princess  Anne  of  Denmark,  and  in  de- 
fault of  issue  of  the  said  Princess  Anne,  and  of  his  Majesty 
respectively:  And  that  from  and  after  the  deceases  of  his 


434  SOURCE-BOOK  OF  ENGLISH  HISTORY 

said  Majesty,  our  now  Sovereign  Lord,  and  of  her  Royal 
Highness  the  Princess  Anne  of  Denmark,  and  for  default  of 
issue  of  the  said  Princess  Anne,  and  of  his  Majesty  respec- 
tively, the  Crown  and  regal  Government  of  the  said  kingdoms 
of  England,  France  and  Ireland,  and  of  the  dominions  there- 
unto belonging,  with  the  royal  state  and  dignity  of  the  said 
realms,  and  all  honours,  stiles,  titles,  regalities,  prerogatives, 
powers,  jurisdictions  and  authorities,  to  the  same  belonging 
and  appertaining,  shall  be,  remain,  and  continue  to  the  said 
most  Excellent  Princess  Sophia,  and  the  heirs  of  her  body, 
being  Protestants:  And  thereunto  the  said  Lords  Spiritual 
and  Temporal,  and  Commons,  shall  and  will,  in  the  name  of 
all  the  people  of  this  realm,  most  humbly  and  faithfully  sub- 
mit themselves,  their  heirs  and  posterities;  and  do  faithfully 
promise  that  after  the  deceases  of  his  Majesty,  and  her  Royal 
Highness,  and  the  failure  of  the  heirs  of  their  respective 
bodies,  to  stand  to,  maintain,  and  defend  the  said  Princess 
Sophia,  and  the  heirs  of  her  body,  being  Protestants,  accord- 
ing to  the  limitation  and  succession  of  the  Crown  in  this  Act 
specified  and  contained,  to  the  utmost  of  their  powers,  with 
their  lives  and  estates,  against  all  persons  whatsoever  that 
shall  attempt  anything  to  the  contrary. 

II.  Provided   always,   and   it   is   hereby  enacted,   That   all 
and  every  person  and  persons,  who  shall  or  may  take  or  in- 
herit  the   said    Crown,    by   virtue   of   the   limitation    of   this 
present  Act,  and  is,  are  or  shall  be  reconciled  to,  or  shall  hold 
communion  with,  the  See  or  Church  of  Rome,  or  shall  pro- 
fess the  Popish   religion,  or  shall  marry  a  Papist,   shall  be 
subject  to  such  incapacities,  as  in  such  case  or  cases  are  by 
the  said  recited  Act  provided,  enacted,  and  established ;  and 
that  every  King  and  Queen  of  this  realm,  who  shall  come  to 
and  succeed  in  the  Imperial  Crown  of  this  kingdom,  by  virtue 
of  this   Act,   shall   have   the   Coronation   Oath   administered 
to  him,  her  or  them,  at  their  respective  Coronations,  accord- 
ing to  the  Act  of  Parliament  made  in  the  first  year  of  the 
reign  of  his  Majesty,  and  the  said  late  Queen  Mary,  intituled. 
'An   Act   for   establishing  the   Coronation   Oath,'    and   shall 
make,  subscribe,  and  repeat  the  Declaration  in  the  Act  first 
above  recited  mentioned  or  referred  to,  in  the  manner  and 
form  thereby  prescribed. 

III.  And  whereas  it  is  requisite  and  necessary  that  some 
further  provision  be  made   for   securing  our   religion,   laws 
and  liberties,  from  and  after  the  death  of  his  Majesty  and  the 
Princess  Anne  of  Denmark,  and  in  default  of  issue  of  the 


"THE  GLORIOUS  REVOLUTION"  435 

body  of  the  said  Princess,  and  of  his  Majesty  respectively: 
Be  it  enacted  by  the  King's  most  Excellent  Majesty,  by  and 
with  the  advice  and  consent  of  the  Lords  Spiritual  and  Tem- 
poral, and  Commons,  in  Parliament  assembled,  and  by  the 
authority  of  the  same, 

That  whosoever  shall  hereafter  come  to  the  possession  of 
this  Crown,  shall  join  in  communion  with  the  Church  of  Eng- 
land, as  by  law  established. 

That  in  case  the  Crown  and  imperial  dignity  of  this  realm 
shall  hereafter  come  to  any  person,  not  being  a  native  of  this 
kingdom  of  England,  this  nation  be  not  obliged  to  engage 
in  any  war  for  the  defence  of  any  dominions  or  territories 
which  do  not  belong  to  the  Crown  of  England,  without  the 
consent  of  Parliament. 

That  no  person  who  shall  hereafter  come  to  the  possession 
of  this  Crown,  shall  go  out  of  the  dominions  of  England, 
Scotland,  or  Ireland,  without  consent  of  Parliament. 

That  from  and  after  the  time  that  the  further  limitation 
by  this  Act  shall  take  effect,  all  matters  and  things  relating 
to  the  well  governing  of  this  kingdom,  which  are  properly 
cognizable  in  the  Privy  Council  by  the  laws  and  customs  of 
this  realm,  shall  be  transacted  there,  and  all  resolutions  taken 
thereupon  shall  be  signed  by  such  of  the  Privy  Council  as 
shall  advise  and  consent  to  the  same. 

That  after  the  said  limitation  shall  take  effect  as  aforesaid, 
no  person  born  out  of  the  kingdoms  of  England,  Scotland,  or 
Ireland,  or  the  dominions  thereunto  belonging  (although  he 
be  naturalised  or  made  a  denizen,  except  such  as  are  born  of 
English  parents),  shall  be  capable  to  be  of  the  Privy  Council, 
or  a  Member  of  either  House  of  Parliament,  or  to  enjoy  any 
office  or  place  of  trust,  either  civil  or  military,  or  to  have 
any  grant  of  lands,  tenements  or  hereditaments  from  the 
Crown,  to  himself  or  to  any  other  or  others  in  trust  for 
him. 

That  no  person  who  has  an  office  or  place  of  profit  under 
the  King,  or  receives  a  pension  from  the  Crown,  shall  be 
capable  of  serving  as  a  Member  of  the  House  of  Commons. 

That  after  the  said  limitation  shall  take  effect  as  aforesaid, 
Judges'  Commissions  be  made  Quamdiu  se  bene  gesserint, 
and  their  salaries  ascertained  and  established;  but  upon  the 
Address  of  both  Houses  of  Parliament  it  may  be  lawful  to 
remove  them. 

That  no  pardon  under  the  Great  Seal  of  England  be  plead- 
able  to  an  impeachment  by  the  Commons  in  Parliament. 


436  SOURCE-BOOK  OF  ENGLISH  HISTORY 

IV.  And  whereas  the  Laws  of  England  are  the  birthright 
of  the  people  thereof,  and  all  the  Kings  and  Queens,  who 
shall  ascend  the  Throne  of  this  realm,  ought  to  administer 
the  Government  of  the  same  according  to  the  said  laws,  and 
all  their  officers  and  ministers  ought  to  serve  them  respect- 
ively according  to  the  same :  The  said  Lords  Spiritual  and 
Temporal,  and  Commons,  do  therefore  further  humbly  pray, 
That  all  the  Laws  and  Statutes  of  this  realm  for  securing 
the  established  religion,  and  the  rights  and  liberties  of  the 
people  thereof,  and  all  other  Laws  and  Statutes  of  the  same 
now  in  force,  may  be  ratified  and  confirmed,  and  the  same 
are  by  his  Majesty,  by  and  with  the  advice  and  consent  of 
the  said  Lords  Spiritual  and  Temporal,  and  Commons,  and  by 
authority  of  the  same,  ratified  and  confirmed  accordingly. 

(Statutes  of  the  Realm,  VII,  636-638.) 

191.   The  Jesuits  in  England  under  William 

Henry  Humbertson 

The  striking  contrast  between  this  letter  and  No.  178,  written 
but  thirteen  years  before,  is  the  best  illustration  of  the  radical 
change  in  the  status  of  the  Catholics  effected  by  the  revolution 
of  1688.  The  disabilities  then  imposed  on  Catholics  were  not 
destined  to  be  removed  for  over  a  century.  The  letter  is  from 
the  Rev.  Henry  Humbertson,  Rector  of  St.  Omer's  College,  to  the 
Very  Rev.  Father  General  of  the  Society  of  Jesus. 

LETTER    FROM    THE    FATHER    PROVINCIAL    TO    THE    FATHER 
GENERAL   OF   THE   SOCIETY    OF   JESUS 

St.  Omer,  loth  April,  1700. 
Very  Reverend  Father  in  Christ, 

P.  C. 

It  is  deemed  unsafe  to  write  to  your  Paternity  from  Eng- 
land, and  this  is  the  reason  of  my  long  silence.  Being  now 
in  Belgium  I  take  the  opportunity  of  writing  to  acquaint  your 
Paternity  in  the  first  place  that  a  great  persecution  is  about 
to  be  raised  in  England.  The  Parliament  which,  so  long  as 
it  stood  in  need  of  the  aid  of  the  Catholic  princes  in  the  war 
against  the  King  of  France  and  their  own  Sovereign  (James 
II.),  restrained  itself  for  the  time,  now  that  the  motive  for 
dissimulation  is  removed,  has  resumed  its  accustomed  prac- 
tices, and,  besides  reviving  the  ancient  penal  laws,  both 
Houses  have  passed  a  new  one,  of  which  the  following  are 
the  principal  heads: 


"THE  GLORIOUS  REVOLUTION"  437 

I.  If  any  Catholic  Bishop,  priest,  or  Jesuit  be  apprehended 
in  this  kingdom  after  the  25th  of  March,  1700,  and  shall  be 
convicted  of  having  exercised  any  episcopal  or  sacerdotal 
functions  whatever,  he  shall  be  imprisoned  for  life  in  some 
place  in  England,  to  be  assigned  by  the  King.     The  informer 
is  to  receive  a  reward  of  £100  sterling  (about  400  Roman 
scudi).    Also,  if  any  one  shall  open  a  school  for  the  educa- 
tion of  children,  or  shall  afford  any  means  of  doing  so  in  his 
own  house,  without  first  taking  the  oath  of  allegiance  and 
supremacy,  he  shall  be  condemned  to  the  same  punishment. 

II.  After  the  2gih  of  September,  1700,  every  Catholic  at- 
taining the  age  of  eighteen  must  within  six  months  after 
attaining  that  age  take  the  said  oath,  abjuring  his  faith  and 
embracing  the  national  religion ;  in  default  of  which  he  shall 
be  incapable  of  inheriting  or  of  possessing  any  goods,  honours, 
or  titles  whatever,  and  during  such  his  refusal  his  inheritance, 
etc.,  shall  pass  to,  and  be  held  and  enjoyed  by  his  nearest 
Protestant  relation,  without  being  liable  to  account  for  the 
same  (except  in  case  of  wilful  waste). 

III.  After  the  loth  of  April,  1700,  every  Catholic  shall  be 
incapable  of  either  buying  or  selling  any  lands,  possessions, 
or  hereditaments  whatever  within  the  kingdom ;  and  all  titles 
and  contracts  of  every  kind,  under  which  property  shall  be 
bought  or  sold,  shall  be  null  and  void. 

IV.  Whoever  shall  send  a  son  or  daughter  or  any  ward 
into    foreign    parts    for    education    in    the    Roman    Catholic 
religion    shall   be    fined    in   the    sum   of   fioo   sterling,    and 
whereas  the  statute  of  I.  James  I.  awarded  one  half  that  fine 
to  be  paid  to  the  Treasury  and  the  other  half  to  the  informer, 
now,  to  intensify  the  exertions  of  the  informer,  the  whole 
fine  is  allotted  to  them  by  way  of  reward. 

V.  In   order  that    Protestant   sons   or   daughters   born   of 
Catholic  parents  may  not  be  compelled  to  follow  their  parents' 
religion  against  their  conscience  for  want  of  the  means  of 
support,  it  is  enacted  that  in  case  such  parents  refuse  to  find 
them  support  proper  to  their  state,  the  Lord  Chancellor,  upon 
the   petition    of   any    such    child,    shall    order   some    scheme 
whereby  the  second  clause  of  the  act  may  be  applied  to  them. 

This  act  having  passed  both  Houses  of  Parliament  only 
awaits  the  assent  of  the  Prince  of  Orange,  who  is  now  king, 
to  give  it  the  force  of  law,  and  this  there  is  no  doubt  of  his 
giving.  A  persecution  is  hence  anticipated,  exceeding  any 
that  has  been  experienced  since  heresy  took  root  in  England. 
No  act  of  Parliament  more  calculated  to  root  out  the  Catholic 


438  SOURCE-BOOK  OF  ENGLISH  HISTORY 

faith  in  England  was  ever  enacted,  and,  unless  it  pleases  God 
to  hinder  its  execution,  it  will  be  impossible  for  religion  long 
to  exist  in  the  kingdom.  I  have  ordained  public  prayers 
throughout  the  whole  Province  to  implore  the  Divine  pro- 
tection. I  entreat  your  Paternity  likewise  to  recommend  the 
unhappy  condition  of  our  country  to  the  Holy  Sacrifices  and 
prayers  of  the  whole  Society,  and  that  they  will  remember 
me  also, 

Your  Very  Rev.  Paternity's 

Most  obedient  servant  in  Christ, 
Henry  Humberston. 

(Records  of  the  English  Province  of  the  Society  of  Jesus,  ed.  cit. ,  V. ) 


192.   Dissenters   in  the  Eighteenth  Century 

Chamberlayne 

The  student  should  not  lose  sight  of  the  fact  that  for  a  thou- 
sand years  after  the  coming  of  the  Anglo-Saxons  as  for  cen- 
turies before,  the  Church  of  Rome  was  the  Church  in  England. 
Following  the  establishment  of  the  Church  of  England  in  the 
reign  of  Henry  VIII  a  variety  of  sects  contended  with  the  State 
Church  for  place  and  power.  Much  of  the  history  of  the  later 
Tudors  and  the  Stuarts  finds  its  impulses  in  the  dissensions  of 
sectaries.  Despite  constant  and  stringent  measures  looking  to 
uniformity  of  worship,  dissent  continued  and  increased.  The  fol- 
lowing selection  well  illustrates  the  theological  divisions  of  the 
people  after  the  Revolution  of  1688. 

The  inhabitants  of  this  land,  being  a  sensible  and  civilized 
people,  are  generally  much  addicted  to  religion ;  and  whereas, 
in  those  countries  where  the  Roman  Catholic  religion  is 
national,  ignorance  is  the  mother  of  devotion,  people  of  the 
best  parts  being  least  affected  with  a  religion;  so,  contrary 
to  reason,  here  in  England  those  who  are  of  the  best  capaci- 
ties are  generally  most  devout ;  and  again,  the  devoutest  men 
of  this  church  are  always  the  best  moralists,  which  shows 
their  devotion  to  be  unfeigned  and  without  hypocrisy;  but 
the  greatest  blemish  to  religion  amongst  us  is  the  pitiable 
number  of  dissenters  from  the  Established  Church,  some  pre- 
judiced by  education,  some  by  sensuality,  some  by  interest, 
and  some  few  by  misguided  zeal ;  for,  having  repented  of 
their  former  ill  courses,  whilst  they  call  themselves  members 
of  the  Church  of  England,  they  think  they  cannot  thoroughly 
change  their  lives  without  changing  their  religion  too,  be- 
coming, like  stray  sheep,  an  easy  prey  to  the  next  claimer. 

If  we  divide  the  people  of  England  into  60  parts,  perhaps 


"THE  GLORIOUS  REVOLUTION"  439 

five  of  them  are  such  dissenters  of  all  sorts  who  never  come 
to  the  public  services  of  the  national  church. 

Two  parts  who  hold  communion  with  the  national  Church 
and  with  their  own  particular  sect  at  the  same  time,  as  occa- 
sion or  opportunity  offers.  These  are  a  foolish  and  incon- 
siderate people,  who  are  little  valued  by  either  side  by  reason 
of  their  inconsistency  and  prevarication  with  God  and  man, 
especially  if  it  appears  to  be  done  upon  a  selfish  and  temporal 
account. 

Three  parts  are  these  who  being  in  constant  communion 
with  the  Church  of  England,  seldom  or  never  joining  openly 
with  any  other,  seem  nevertheless  somewhat  displeased  with 
the  Church,  and  the  only  reason  they  continue  in  it  is  because 
they  are  more  displeased  with  every  sect  of  the  dissenters 
from  it:  for  they  acknowledge  this  to  be  the  best  form  of 
religion  in  the  country ;  but  this  they  (having  new  schemes 
in  their  heads)  would  reform  or  refine. 

The  most  understanding  of  this  sort  of  men  have  a  political 
thirst  after  such  a  reformation,  in  hope  by  that  means  to 
comprehend  many  of  the  more  moderate  dissenters,  and  to 
bring  them  into  communion  with  the  national  Church ;  and 
such  a  design  was  set  on  foot  in  the  beginning  of  this 
government  in  convocation,  where  all  things  of  that  nature 
are  first  to  be  debated;  but  few  of  the  dissenters  at  that 
time  showing  any  willingness  to  be  so  comprehended,  and 
some  of  the  heads  of  them  counselling  ingeniously  that  all 
such  attempts  would  prove  successless,  without  quite  dissolv- 
ing our  frame  of  church  government,  the  whole  business  fell. 

And  instead  thereof,  all  Protestant  dissenters  from  the 
Church  (except  Antitrinitarians)  are  tolerated  so  long  as 
they  live  peaceably  and  conformably  in  the  state,  and  every 
man  in  England  doth  now  enjoy  a  free  liberty  of  conscience 
and  use  of  what  religion  best  pleases  him. 

The  dissenters  from  the  Church  of  England  are  of  these 
five  sorts:  Libertines,  Papists,  Anabaptists,  Independents, 
and  Presbyterians. 

First,  By  Libertines  we  mean  those  that  live  ad  libitum, 
whether  they  be  Atheists,  Sceptics,  Deists,  and  the  like; 
of  these  there  are  not  many  amongst  us,  at  leastwise  pro- 
fessedly so,  and  those  that  be,  are  £  vain,  fanatic,  unthinking 
people,  some  of  whom  having  a  little  smattering  of  learning, 
are  troublesome  with  it  to  themselves  and  the  rest  of  man- 
kind. These  men  have  some  superficial  knowledge  in  second 
causes,  but,  for  want  of  due  consideration,  they  are  al* 


440  SOURCE-BOOK  OF  ENGLISH  HISTORY 

together   ignorant   of   the   first   Mover   and   of  his   revealed 
will .  .  . 

The  number  of  Jews  and  Socinians  amongst  us  is  still  more 
inconsiderable. 

Secondly,  Papists  we  have  many,  yet  not  so  many  but  that 
in  the  late  government,  when  they  all  appeared  publicly,  it 
was,  and  is,  a  wonder  how  the  designs  of  that  handful  of 
men  could  put  the  whole  nation  into  such  convulsions  . . . 

3.  Anabaptists  are  of  two  sorts :  First,  those  who  go  vul- 
garly by  that  name ;  and,  secondly,  those  who  are  distin- 
guished by  the  name  of  Quakers. 

The  Anabaptists  which  go  by  that  name  are  a  more  reason- 
able sort  here  in  England  that  those  of  Flanders  and  Ger- 
many ;  very  few  of  ours  are  so  wild,  extravagant,  and  en- 
thusiastical  as  those  abroad.  These  submit  themselves  to 
civil  government;  and  the  chief  article  of  their  dissent  in 
religion,  is  concerning  Pccdobaptism,  which  they  hold  un- 
reasonable. Yet  there  is  in  many  other  things  some  of  the 
Flemish  leaven  still  among  them,  as  accounting  themselves 
the  only  pure  church  ;  are  envious  at  the  Established  Church  ; 
abhor  paying  of  tithes,  and  affect  parity :  but  that  which  is 
worst  of  all,  some  of  them  have  strange  notions  concerning 
our  blessed  Saviour  and  his  Incarnation,  the  Holy  Trinity, 
the  soul  of  man,  etc.  Some  of  these,  as  well  as  Quakers,  are 
great  admirers  of  Jacob  Behmen  and  his  sort  of  cant ;  and 
many  of  them  are  closely  wrapped  up  in  Rosicrusian  Divin- 
ity; they  look  upon  all  liturgy  and  ceremonies  as  popish,  allow 
that  laymen  may  administer  sacraments,  expect  an  universal 
monarchy  of  Christ  here  on  earth.  Some  of  them  are  called 
Brownists,  from  Robert  Brown  of  Northamptonshire,  but 
there  are  some  Brownists  who  allow  of  Paedobaptism.  Fam- 
ilists,  or  the  Family  of  Love,  we  have  scarce  any  remaining: 
Adamites  none.  But  here  are  some  Antimonians  who  hold 
that  no  trangression  is  sin  in  the  "children  of  God":  Tras- 
kitts,  now  called  Seventh-day  men,  who  keep  the  Jewish  Sab- 
bath :  Antisabbatarians,  who  keep  none  at  all ;  and  the 
Muggletonians  are  scarce  extinct,  who  say  that  God  the 
Father,  leaving  the  government  of  Heaven  to  Elias,  came 
down  on  Earth  and  suffered  in  human  form ;  these  deny  the 
Holy  Trinity,  the  creation  of  earth  and  water,  the  immortal- 
ity of  the  soul,  religious  ministry,  and,  some  of  them,  ma- 
gistratual  authority. 

Quakers.  The  other  sort  of  Anabaptists  are  called  Quakers 
or  Shakers,  from  the  trembling  and  quaking  caused  in  them 


"THE  GLORIOUS  REVOLUTION"  44' 

by  vapors  in  their  ecstatic  fits,  especially  after  long  fasting, 
an  exercise  very  much  practised  by  the  first  disciples  of 
this  sect  here  in  England,  but  of  late  almost  wholly  dis- 
used . . . 

They  reject  ministerial  ordinances,  and  place  religion 
wholly  in  the  inward  light  of  every  man's  private  spirit; 
and  how  different  soever  the  impulses  of  one  man's  spirit 
are  from  another,  and  how  different  notions  soever  they 
create,  they  account  it  all  the  same  light  infused  by  the 
Spirit  of  God  in  different  measures  and  degrees.  They 
agree  with  other  Anabaptists  against  infant  baptism,  and 
go  far  beyond  them,  even  to  the  neglecting  of  all  baptism, 
and  the  other  sacrament  of  the  Eucharist,  all  human  learn- 
ing, appropriate  places  and  times  of  worship,  and  abhor 
paying  of  tithes.  They  practised  formerly  abstinence  and 
self-denial,  but  now  of  late  none  are  prouder  or  more 
luxurious  than  the  generality  of  them :  they  formerly  wore 
plain  and  coarse  clothes,  now  the  men  wear  very  fine  cloth, 
and  are  distinguished  from  others  only  by  a  particular  shap- 
ing of  their  coats,  a  little  pleated  cravat,  and  a  slender 
hat-band;  the  women  nevertheless  wear  flowered,  or  striped, 
or  damask  silks,  and  the  finest  linen  cut  and  pleated  in 
imitation  of  lace,  but  they  wear  no  lace  or  superfluous  rib- 
bons ;  however,  they  are  extremely  nice  in  their  choice  of 
tailors,  seamstresses,  and  laundresses.  Those  of  the  men 
who  wear  periwigs  have  them  of  genteel  hair  and  shape, 
tho'  not  long.  They  are  as  curious  in  their  meats,  and 
as  cheerful  in  their  drink,  and  as  soft  in  their  amours,  and  as 
much  in  the  enjoyment  of  life  as  others. 

They  have  generally  denied  the  Trinity  of  Persons  in  the 
one  Godhead,  the  resurrection  of  the  body,  the  Incarnation 
of  Christ  (which  they  seem  to  look  upon  as  a  figure)  the 
locality  of  heaven  and  hell,  and  many  other  Catholic  tenets. 

Independents.  Independents  are  a  sect  lately  sprung  up 
from  the  Brownists.  These  have  no  general  church  govern- 
ment, but  each  particular  congregation  is  ruled  by  their  own 
laws  and  methods  without  dependence  on  one  another:  look 
upon  tithes  as  superstitious  and  Judaical ;  are  against  all 
set  form  of  prayer,  even  the  Lord's  Prayer.  They  give 
power  to  private  men  to  erect  and  gather  churches,  elect, 
ordain,  depose,  excommunicate,  and  determine  finally  in  all 
church-causes.  Laity  sometimes  administer  the  sacraments, 
and  magistrates  administer  the  office  of  matrimony.  They 
are  most  of  them  Millenaries,  and  commence  the  last  thousand 


W  SOURCE-BOOK  OF  ENGLISH  HISTORY 

years  of  Christ's  kingdom  from  the  beginning  of  Independ- 
ency. All  those  of  the  laity  they  account  "gifted  men," 
are  permitted  to  preach,  and  pray,  and  to  catechise  the 
preacher  concerning  the  doctrine  he  has  preached.  They 
communicate  frequently,  sitting  at  a  table  or  without  a  table. 

Presbyterians.  Presbyterians  maintain  that  there  is  only 
a  nominal  difference  between  bishop,  presbyter,  and  pastor; 
and  that  priest  is  not  a  gospel  word,  but  belongs  only  to 
sacrifices.  They  will  not  allow  deacons  to  preach,  but  only 
to  collect  for  and  administer  to  the  poor.  In  every  church 
they  appoint  lay-elders  and  rulers,  who  are  to  inspect  men's 
manners  and  to  bear  a  part  in  the  government  of  the  church. 
They  acknowledge  a  priority  of  order  ought  to  be  amongst 
church-governours,  but  not  a  priority  of  jurisdiction.  They 
deny  the  civil  magistrate  any  authority  in  church  govern- 
ment, making  the  king  mere  Laicits,  and  subject  to  the 
censures  of  parochial  church-governours.  They  have  two 
church  judicatories,  the  classical  assembly  and  the  general 
assembly,  to  which  there  lies  an  appeal  from  the  classical. 

When  we  speak  of  any  of  these  sectaries  indiscriminately, 
we  call  them  dissenters  and  nonconformists ;  and  they  that 
speak  more  freely  term  them  fanatics  and  enthusiasts.  It 
must  be  confessed  that  in  all  these  sects  there  are  some 
good  moral  men,  nay,  some  of  them  zealous  towards  God, 
but  in  such  a  zeal  as  is  not  according  to  knowledge. 
Neither  are  they  all  equally  blameable  in  all  respects.  The 
Presbyterians  come  nearest  to  the  Church ;  the  Quakers  are 
the  most  peaceable;  the  Papists  are  the  most  mannerly,  and 
the  like;... 

(Anglite  Notitia,  E.  Chamberlayne,  Lend.  2oth,  ed.  1703,  255.) 


CHAPTER   XXV 

UNION   BETWEEN   ENGLAND  AND   SCOTLAND 


193.   The  Queen's  Speeches  on  Union  of  England  and  Scotland 

Oldmixot. 

The  strife  of  centuries  was  brought  to  a  close  by  the  union 
of  England  and  Scotland.  Queen  Anne  publicly  expressed  the 
hope  that  the  two  peoples  would  become  firmly  united  into  one 
great  nation,  and  JOHN  R.  GREEN,  in  his  History  of  the  English 
People,  thus  comments  upon  her  words :  "Time  has  more  than 
answered  these  hopes.  The  two  nations  whom  the  Union  brought 
together  have  ever  since  remained  one.  England  gained  in  the 
removal  of  a  constant  danger  of  treason  and  war.  To  Scotland 
the  Union  opened  up  new  avenues  of  wealth  which  the  energy 
of  the  people  turned  to  wonderful  account.  The  farms  of  Lothian 
have  become  models  of  agricultural  skill.  A  fishing-town  on  the 
Clyde  has  grown  into  the  rich  and  populous  Glasgow.  Peace 
and  culture  have  changed  the  wild  clansmen  of  the  Highlands 
into  herdsmen  and  farmers.  Nor  was  the  change  followed  by 
any  loss  of  national  spirit.  The  world  has  hardly  seen  a  mightier 
and  more  rapid  development  of  national  energy  than  that  of 
Scotland  after  the  Union.  All  that  passed  away  was  the  jealousy 
which  had  parted  since  the  days  of  Edward  the  First  two  peoples 
whom  a  common  blood  and  common  speech  proclaimed  to  be  one. 
The  Union  between  Scotland  and  England  has  been  real  and 
stable  simply  because  it  was  the  legislative  acknowledgment  and 
enforcement  of  a  national  fact." 

(Jan.  28th,  1707.) 
My  Lords  and  Gentlemen, 

Having  acquainted  you  at  the  opening  of  this  session,  that 
the  treaty  for  an  Union  between  England  and  Scotland, 
which  had  been  concluded  here  by  the  commissioners  ap- 
pointed for  that  purpose,  in  pursuance  of  the  powers  given 
by  the  Parliaments  of  both  kingdoms,  was  then  under  the 
consideration  of  the  Parliament  of  Scotland,  I  can  now,  with 
great  satisfaction,  inform  you  that  the  said  treaty  has  been 
ratified  by  Act  of  Parliament  in  Scotland  with  some  additions 

and  alterations. 

443 


444  SOURCE-BOOK  OF  ENGLISH  HISTORY 

I  have  directed  the  treaty  agreed  to  by  the  commissioners 
of  both  kingdoms,  and  also  the  Act  of  Ratification  from 
Scotland,  to  be  laid  before  you,  and  I  hope  it  will  meet  with 
your  concurrence  and  approbation. 

Gentlemen  of  the  House  of  Commons, 

It  being  agreed  by  this  treaty,  that  Scotland  is  to  have  an 
equivalent  for  what  that  kingdom  is  obliged  to  contribute 
towards  paying  the  debts  of  England.  I  must  recommend  to 
you,  that  in  case  you  agree  to  the  treaty  you  would  take  care 
to  provide  for  the  payment  of  the  equivalent  to  Scotland 
accordingly. 

My  Lords  and  Gentlemen, 

You  have  now  an  opportunity  before  you  of  putting  the 
last  hand  to  a  happy  Union  of  the  two  kingdoms,  which  I 
hope  will  be  a  lasting  blessing  to  the  whole  Island,  a  great 
addition  to  its  wealth  and  power,  and  a  firm  security  to  the 
Protestant  religion.  The  advantages  which  will  accrue  to  us 
all  from  an  Union  are  so  apparent  that  I  will  add  no  more, 
but  that  I  shall  look  upon  it  as  a  particular  happiness,  if  this 
great  work,  which  has  been  so  often  attempted  without  suc- 
cess, can  be  brought  to  perfection  in  my  reign. 

(March  6th,  1707.) 

My  Lords  and  Gentlemen, 

It  is  with  the  greatest  satisfaction  that  I  have  given  my 
assent  to  a  Bill  for  uniting  England  and  Scotland  into  one 
kingdom. 

I  consider  this  Union  as  a  matter  of  the  greatest  impor- 
tance to  the  wealth,  strength,  and  safety  of  the  whole  Island, 
and  at  the  same  time,  as  a  work  of  so  much  difficulty  and 
nicety  in  its  own  nature,  that  till  now  all  attempts,  which 
have  been  made  towards  it  in  the  course  of  above  a  hundred 
years,  have  proved  ineffectual ;  and  therefore  I  make  no  doubt 
but  it  will  be  remembered  and  spoken  of  hereafter  to  the 
honour  of  those  who  have  been  instrumental  in  bringing  it 
to  such  a  happy  conclusion. 

I  desire  and  expect  from  all  my  subjects  of  both  nations, 
that  from  henceforth  they  act  with  all  possible  respect  and 
kindness  to  one  another,  that  so  it  may  appear  to  all  the 
world,  they  have  hearts  disposed  to  become  one  people.  This 
will  be  a  great  pleasure  to  me,  and  will  make  us  all  quickly 
sensible  of  the  good  effect  of  this  Union. 


ENGLAND  AND  SCOTLAND  445 

And  I  cannot  but  look  upon  it  as  a  peculiar  happiness,  that 
in  my  reign  so  full  a  provision  is  made  for  the  peace  and 
quiet  of  my  people,  and  for  the  security  of  our  religion,  by  so 
firm  an  establishment  of  the  Protestant  succession  through- 
out Great  Britain. 

Gentlemen  of  the  House  of  Commons, 

I  take  this  occasion  to  remind  you  to  make  effectual  pro- 
vision for  the  payment  of  the  equivalent  to  Scotland  within 
the  time  appointed  by  this  Act,  and  I  am  persuaded  you  will 
show  as  much  readiness  in  this  particular  as  you  have  done 
in  all  the  other  parts  of  this  great  work. 

My  Lords  and  Gentlemen, 

The  season  of  the  year  being  now  pretty  far  advanced,  I 
hope  you  will  continue  the  same  zeal  which  has  appeared 
throughout  this  session,  in  despatching  what  yet  remains  un- 
finished of  the  public  business  before  you. 

(The  History  of  England,  Oldmixon,  Lond.  1739.  III.  p.  383-386.) 

194.   Union  between  England  and  Scotland 

(5  ANNE,  c.  8,  1707) 

Collection  of  Statutes,  Evans 

AN    ACT   FOR    AN    UNION    OF   THE   TWO    KINGDOMS    OF   ENGLAND 
AND    SCOTLAND 

(Preamble) 

ARTICLE  I 

THAT  the  two  kingdoms  of  England  and  Scotland  shall 
upon  the  first  day  of  May,  which  shall  be  in  the  year  one 
thousand  seven  hundred  and  seven,  and  for  ever  after,  be 
united  into  one  kingdom  by  the  name  of  Great  Britain ;  and 
that  the  ensigns'  armorial  of  the  said  united  kingdom  be  such 
as  her  Majesty  shall  appoint,  and  the  crosses  of  St.  George 
and  St.  Andrew  be  conjoined  in  such  manner  as  her  Majesty 
shall  think  fit,  and  used  in  all  flags,  banners,  standards,  and 
ensigns,  both  at  sea  and  land. 

ARTICLE  II 

That  the  succession  of  the  monarchy  of  the  united  kingdom 
of  Great  Britain,  and  of  the  dominions  thereto  belonging, 
after  her  most  sacred  Majesty,  and  in  default  of  issue  of  her 
Majesty,  be,  remain,  and  continue  to  the  most  excellent  Prin- 


446  SOURCE-BOOK  OF  ENGLISH  HISTORY 

cess  Sophia,  electoress  and  duchess  dowager  of  Hanover, 
and  the  heirs  of  her  body  being  Protestants,  upon  whom  the 
Crown  of  England  is  settled  by  an  Act  of  Parliament  made 
in  England  in  the  twelfth  year  of  the  reign  of  his  late  Ma- 
jesty King  William  the  Third,  entitled,  An  Act  for  the 
further  Limitation  of  the  Crorvn,  and  better  securing  the 
Rights  and  Liberties  of  the  Subject:  And  that  all  Papists, 
and  persons  marrying  Papists,  shall  be  excluded  from,  and 
for  ever  incapable  to  inherit,  possess,  or  enjoy  the  Imperial 
Crown  of  Great  Britain,  and  the  dominions  thereunto  belong- 
ing, or  any  part  thereof ;  and  in  every  such  case,  the  Crown 
and  government  shall  from  time  to  time  descend  to,  and  be 
enjoyed  by  such  person,  being  a  Protestant,  as  should  have 
inherited  and  enjoyed  the  same,  in  case  such  Papist,  or  per- 
son marrying  a  Papist,  was  naturally  dead,  according  to  the 
provision  for  the  descent  of  the  Crown  of  England,  made  by 
another  Act  of  Parliament  in  England  in  the  first  year  of  the 
reign  of  their  late  Majesties  King  William  and  Queen  Mary, 
entitled,  An  Act  declaring  the  Rights  and  Liberties  of  the 
Subject,  and  settling  the  Succession  of  the  Crown. 

ARTICLE  III 

That  the  united  kingdom  of  Great  Britain  be  represented 
by  one  and  the  same  Parliament,  to  be  styled,  The  Parlia- 
ment of  Great  Britain. 

ARTICLE  IV 

That  all  the  subjects  of  the  united  kingdom  of  Great 
Britain  shall,  from  and  after  the  Union,  have  full  freedom 
and  intercourse  of  trade  and  navigation  to  and  from  any 
port  or  place  within  the  said  united  kingdom,  and  the  do-- 
minions and  plantations  thereunto  belonging;  and  that  there 
be  a  communication  of  all  other  rights,  privileges,  and  ad- 
vantages, which  do  or  may  belong  to  the  subjects  of  either 
kingdom;  except  where  it  is  otherwise  expressly  agreed  in 
these  articles. 

ARTICLE  V 
(Scotch  ships  to  be  registered  as  British  ships.) 

ARTICLE  VI 

(Concerning  Trade,  Scots  Cattle,  and  Importation  of 
Victuals.) 


ENGLAND  AND  SCOTLAND  447 

ARTICLE  VII 
(Concerning  Excises.) 

ARTICLE  VIII 

(Concerning  Foreign  Salt,  Scotch  Salt,  Flesh  Exported  from 
Scotland,  Curing  of  Herrings,  Fish  Exported,  etc.) 

ARTICLE  IX 
(Concerning  Land  Tax  and  Quota  of  Scotland.) 

ARTICLE  X 
(Concerning  Stamped  Vellum.) 

ARTICLE  XI 
(Concerning  the  Window  Tax.) 

ARTICLE  XII 
(Concerning  Coals,  Culm,  and  Cinders.) 

ARTICLE  XIII 
(Concerning  Malt.) 

ARTICLE  XIV 

(Scotland  not  chargeable  with  any  other  duties  before  the 
Union,  except  these  consented  to.) 

ARTICLE  XV 

(Concerning  Equivalent  Money  and  Uses,  Coin  of  Scotland, 
African  and  Indian  Company  of  Scotland,  Overplus, 
Public  Debts  of  Scotland,  Manufacture  of  Coarse  Wool, 
Fisheries,  and  the  Appointment  of  Commissioners  for 
the  Equivalent.) 

ARTICLE  XVI 

That  from  and  after  the  Union,  the  coin  shall  be  of  the 
same  standard  and  value  throughout  the  united  kingdom,  as 
now  in  England,  and  a  mint  shall  be  continued  in  Scotland, 
under  the  same  rules  as  the  mint  in  England,  and  the  present 
officers  of  the  mint  continued,  subject  to  such  regulations 
and  alterations  as  her  Majesty,  her  heirs  or  successors,  or 
the  Parliament  of  Great  Britain  shall  think  fit. 

ARTICLE  XVII 

That  from  and  after  the  Union,  the  same  weights  and 
measures  shall  be  used  throughout  the  united  kingdom,  as 
are  now  established  in  England,  and  standards  of  weights 


44»  SOURCE-BOOK  OF  ENGLISH  HISTORY 

and  measures  shall  be  kept  by  those  burghs  in  Scotland,  to 
whom  the  keeping  the  standards  of  weights  and  measures, 
now  in  use  there,  does  of  special  right  belong:  All  which 
standards  shall  be  sent  down  to  such  respective  burghs,  from 
the  standards  kept  in  the  Exchequer  at  Westminster,  subject 
nevertheless  to  such  regulations  as  the  Parliament  of  Great 
Britain  shall  think  fit. 

ARTICLE  XVIII 

That  the  laws  concerning  regulation  of  trade,  customs,  and 
such  excises  to  which  Scotland  is,  by  virtue  of  this  treaty,  to 
be  liable,  be  the  same  in  Scotland,  from  and  after  the  Union, 
as  in  England;  and  that  all  other  laws  in  use  within  the 
kingdom  of  Scotland,  do  after  the  Union,  and  notwithstand- 
ing thereof,  remain  in  the  same  force  as  before  (except  such 
as  are  contrary  to,  or  inconsistent  with  this  treaty),  but 
alterable  by  the  Parliament  of  Great  Britain ;  with  this  dif- 
ference betwixt  the  laws  concerning  public  right,  policy,  and 
civil  government,  and  those  which  concern  private  right, 
that  the  laws  which  concern  public  right,  policy,  and  civil 
government,  may  be  made  the  same  throughout  the  whole 
united  kingdom;  but  that  no  alteration  be  made  in  laws  which 
concern  private  right,  except  for  evident  utility  of  the  sub- 
jects within  Scotland. 

ARTICLE  XIX 
(Concerning  Courts  and  the  Privy  Council.) 

ARTICLE  XX 
(Concerning  Heritable  Offices.) 

ARTICLE  XXI 
(Concerning  Royal  Burghs.) 

ARTICLE  XXII 

That,  by  virtue  of  this  treaty,  of  the  peers  of  Scotland,  at 
the  time  of  the  Union,  sixteen  shall  be  the  number  to  sit  and 
vote  in  the  House  of  Lords,  and  forty-five  the  number  of 
representatives  of  Scotland  in  the  House  of  Commons  of  the 
Parliament  of  Great  Britain ;  and  that  when  her  Majesty,  her 
heirs  or  successors,  shall  declare  her  or  their  pleasure  for 
holding  the  first  or  any  other  subsequent  Parliament  of 
Great  Britain,  until  the  Parliament  of  Great  Britain  shall 
make  further  provision  therein,  a  writ  do  issue  under  the 
great  seal  of  the  united  kingdom,  directed  to  the  privy  council 


ENGLAND  AND  SCOTLAND  449 

of  Scotland,  commanding  them  to  cause  sixteen  peers,  who 
are  to  sit  in  the  House  of  Lords,  to  be  summoned  to  Parlia- 
ment, and  forty-five  members  to  be  elected  to  sit  in  the 
House  of  Commons  of  the  Parliament  of  Great  Britain, 
according  to  the  agreement  of  this  treaty,  in  such  manner  as 
by  an  Act  of  this  present  session  of  the  Parliament  of  Scot- 
land is  or  shall  be  settled;  which  Act  is  hereby  declared  to  be 
as  valid  as  if  it  were  a  part  of  and  engrossed  in  this  treaty. 
And  that  the  names  of  the  persons  so  summoned  and  elected 
shall  be  returned  by  the  privy  council  of  Scotland  into  the 
court  from  whence  the  said  writ  did  issue . . .  And  that 
every  one  of  the  lords  of  Parliament  of  Great  Britain,  and 
every  member  of  the  House  of  Commons  of  the  Parliament 
of  Great  Britain,  in  the  first  and  all  succeeding  Parliaments 
of  Great  Britain,  until  the  Parliament  of  Great  Britain  shall 
otherwise  direct,  shall  take  the  respective  oaths  appointed  to 
be  taken  instead  of  the  oaths  of  allegiance  and  supremacy. . . 
And  it  is  declared  and  agreed,  That  these  words,  This  Realm, 
The  Crown  of  this  Realm,  and  The  Queen  of  this  Realm, 
mentioned  in  the  oaths  and  declaration  contained  in  the 
aforesaid  Acts,  which  were  intended  to  signify  the  crown 
and  realm  of  England,  shall  be  understood  of  the  crown  and 
realm  of  Great  Britain ;  and  that  in  that  sense  the  said  oaths 
and  declaration  be  taken  and  subscribed  by  the  members  of 
both  Houses  of  the  Parliament  of  Great  Britain. 

ARTICLE  XXIII 

That  the  aforesaid  sixteen  peers  of  Scotland  mentioned  in 
the  last  preceding  article,  to  sit  in  the  House  of  Lords  of  the 
Parliament  of  Great  Britain,  shall  have  all  privileges  of 
Parliament,  which  the  peers  of  England  now  have,  and  which 
they,  or  any  peers  of  Great  Britain  shall  have  after  the  Union, 
and  particularly  the  right  of  sitting  upon  the  trial  of  peers : 
And  in  case  of  the  trial  of  any  peer,  in  time  of  adjournment, 
or  prorogation  of  Parliament,  the  said  sixteen  peers  shall  be 
summoned  in  the  same  manner,  and  have  the  same  powers 
and  privileges  at  such  trial,  as  any  other  peers  of  Great 
Britain.  And  that  in  case  any  trials  of  peers  shall  hereafter 
happen,  when  there  is  no  Parliament  in  being,  the  sixteen 
peers  of  Scotland  who  sat  in  the  last  preceding  Parliament, 
shall  be  summoned  in  the  same  manner,  and  have  the  same 
powers  and  privileges  at  such  trials,  as  any  other  peers  of 
Great  Britain ;  and  that  all  peers  of  Scotland,  and  their  suc- 
cessors to  their  honours  and  dignities,  shall  from  and  after 


45<>  SOURCE-BOOK  OF  ENGLISH  HISTORY 

the  Union,  be  peers  of  Great  Britain,  and  have  rank  and  prece- 
dency next  and  immediately  after  the  peers  of  the  like  orders 
and  degrees  in  England  at  the  time  of  the  Union,  and  before 
all  peers  of  Great  Britain  of  the  like  orders  and  degrees, 
who  may  be  created  after  the  Union,  and  shall  be  tried  as 
peers  of  Great  Britain,  and  shall  enjoy  all  privileges  of  peers, 
as  fully  as  the  peers  of  England  do  now,  or  as  they,  or  any 
other  peers  of  Great  Britain  may  hereafter  enjoy  the  same, 
except  the  right  and  privilege  of  sitting  in  the  House  of 
Lords,  and  the  privileges  depending  thereon,  and  particularly 
the  right  of  sitting  upon  the  trials  of  peers. 

ARTICLE  XXIV 

That  from  and  after  the  Union,  there  be  one  great  seal  for 
the  united  kingdom  of  Great  Britain,  which  shall  be  different 
from  the  great  seal  now  used  in  either  kingdom:  And  that 
the  quartering  the  arms,  and  the  rank  and  precedency  of  the 
lyon  king  of  arms  of  the  kingdom  of  Scotland,  as  may  best 
suit  the  Union,  be  left  to  her  Majesty:  And  that  in  the  mean 
time,  the  great  seal  of  England  be  used  as  the  great  seal  of 
the  united  kingdom,  and  that  the  great  seal  of  the  united 
kingdom  be  used  for  sealing  writs  to  elect  and  summon  the 
Parliament  of  Great  Britain,  and  for  sealing  all  treaties  with 
foreign  princes  and  states,  and  all  public  acts,  instruments 
and  orders  of  state,  which  concern  the  whole  united  kingdom, 
and  in  all  other  matters  relating  to  England,  as  the  great  seal 
of  England  is  now  used :  And  that  a  seal  in  Scotland  after 
the  Union  be  always  kept  and  made  use  of  in  all  things  relat- 
ing to  private  rights  or  grants,  which  have  usually  passed  the 
great  seal  of  Scotland,  and  which  only  concern  offices, 
grants,  commissions,  and  private  rights  within  that  kingdom ; 
and  that  until  such  seal  be  appointed  by  her  Majesty,  the 
present  great  seal  of  Scotland  shall  be  used  for  such  pur- 
poses :  And  that  the  privy  seal,  signet,  casset,  signet  of  the 
judiciary  court,  quarter  seal,  and  seals  of  court  now  used  in 
Scotland  be  continued ;  but  that  the  said  seals  be  altered  and 
adapted  to  the  state  of  the  Union,  as  her  Majesty  shall  think 
fit;  and  the  said  seals,  and  all  of  them,  and  the  keepers  of 
them,  shall  be  subject  to  such  regulations  as  the  Parliament 
of  Great  Britain  shall  hereafter  make.  And  that  the  crown, 
sceptre,  and  sword  of  state,  the  records  of  Parliament,  and 
all  other  records,  rolls  and  registers  whatsoever,  both  public 
and  private,  general  and  particular,  and  warrants  thereof, 
continue  to  be  kept  as  they  are  within  that  part  of  the  united 


ENGLAND  AND  SCOTLAND  451 

kingdom  now  called  Scotland;  and  that  they  shall  so  remain 
in  all  time  coming,  notwithstanding  the  Union. 

ARTICLE  XXV 

That  all  laws  and  statutes  in  either  kingdom,  so  far  as 
they  are  contrary  to,  or  inconsistent  with  the  terms  of  these 
articles,  or  any  of  them,  shall,  from  and  after  the  Union, 
cease  and  become  void,  and  shall  be  so  declared  to  be,  by  the 
respective  Parliaments  of  the  kingdom. 

As  by  the  said  articles  of  Union,  ratified  and  approved  by 
the  said  Act  of  Parliament  of  Scotland,  relation  being  there- 
unto had,  may  appear.  And  the  tenor  of  the  aforesaid  Act 
for  securing  the  Protestant  religion  and  Presbyterian  church 
government  within  the  kingdom  of  Scotland,  is  as  follows: 

II.  Our  sovereign  lady,  and  the  estates  of  Parliament,  con- 
sidering that  by  the  late  Act  of  Parliament,  for  a  treaty  with 
England  for  an  Union  of  both  kingdoms,  it  is  provided,  That 
the  commissioners  for  that  treaty  shall  not  treat  of  or  con- 
cerning any  alteration  of  the  worship,  discipline,  and  govern- 
ment of  the  church  of  this  kingdom  as  now  by  law  estab- 
lished: Which  treaty  being  now  reported  to  the  Parliament, 
and  it  being  reasonable  and  necessary  that  the  true  Protes- 
tant religion,  as  presently  professed  within  this  kingdom,  with 
the  worship,  discipline,  and  government  of  this  church, 
should  be  effectually  and  unalterably  secured :  Therefore 
her  Majesty,  with  advice  and  consent  of  the  said  estates  of 
Parliament,  doth  hereby  establish  and  confirm  the  said  true 
Protestant  religion,  and  the  worship,  discipline,  and  govern- 
ment of  this  church,  to  continue  without  any  alteration  to 
the  people  of  this  land  in  all  succeeding  generations ;  and 
more  especially  her  Majesty,  with  advice  and  consent  afore- 
said, ratifies,  approves,  and  for  ever  confirms  the  fifth  Act 
of  the  first  Parliament  of  King  William  and  Queen  Mary, 
entitled,  Act  ratifying  the  Confession  of  Faith,  and  settling 
Presbyterian  Church  Government;  with  all  other  Acts  of 
Parliament  relating  thereto,  in  prosecution  of  the  declaration 
of  the  estates  of  this  kingdom,  containing  the  claim  of  right, 
bearing  date  the  eleventh  of  April,  one  thousand  six  hun- 
dred and  eighty-nine:  And  her  Majesty,  with  advice  and 
consent  aforesaid,  expressly  provides  and  declares,  That  the 
foresaid  true  Protestant  religion,  contained  in  the  above- 
mentioned  confession  of  faith,  with  the  form  and  purity  of 


452  SOURCE-BOOK  OF  ENGLISH  HISTORY 

worship  presently  in  use  within  this  church,  and  its  Pres- 
byterian church  government  and  discipline  (that  is  to  say) 
the  government  of  the  church  by  kirk  sessions,  presbyteries, 
provincial  synods,  and  general  assemblies,  all  established  by 
the  foresaid  Acts  of  Parliament,  pursuant  to  the  claim  of 
right,  shall  remain  and  continue  unalterable,  and  that  the 
said  Presbyterian  government  shall  be  the  only  government 
of  the  church  within  the  kingdom  of  Scotland. 

III.  (Providing   for   the   continuance  of  Universities   and 
Colleges  in  Scotland.) 

IV.  (Scotch  subjects  not  to  be  liable  to  any  oath  incon- 
sistent  with    said   Church    Government;    Queen's   successors 
to  maintain  said  government.) 

V.  And  it  is  hereby  statute  and  ordained,  That  this  Act  of 
Parliament,  with  the  establishment  therein  contained,   shall 
be  held  and  observed  in  all  time  coming,  as  a  fundamental 
and  essential  condition  of  any  treaty  or  Union  to  be  con- 
cluded  betwixt   the   two   kingdoms,   without    any    alteration 
thereof,  or  derogation  thereto  in  any  sort  for  ever :  As  also, 
That  this   Act   of   Parliament,   and   settlement   therein   con- 
tained, shall  be  insert  and  repeated  in  any  Act  of  Parliament 
that   shall   pass    for   agreeing   and   concluding   the    foresaid 
treaty  or   Union  betwixt  the   two  kingdoms ;   and   that   the 
same  shall  be  therein  expressly  declared  to  be  a  fundamental 
and  essential   condition  of  the  said  treaty  or  Union   in   all 
time  coming:  Which  articles  of  Union,  and  Act  immediately 
above-written, her  Majesty,  with  advice  and  consent  aforesaid, 
statutes,  enacts,  and  ordains  to  be  and  continue,  in  all  time 
coming,  the  sure  and  perpetual  foundation  of  a  complete  and 
entire  Union  of  the  two  kingdoms  of  Scotland  and  England, 
under  the  express  condition  and  provision,  that  this  approba- 
tion and  ratification  of  the  foresaid  articles  and  Act  shall  be 
no  ways  binding  on  this  kingdom,  until  the  said  articles  and 
Act  be  ratified,   approved,   and  confirmed  by  her   Majesty, 
with  and  by  the  authority  of  the  Parliament  of  England,  as 
they  are  now  agreed  to,  approved,  and  confirmed  by  her  Ma- 
jesty, with  and  by  the  authority  of  the  Parliament  of  Scot- 
land ;  declaring  nevertheless,  that  the  Parliament  of  England 
may  provide  for  the  security  of  the  church  of  England  as 
they  think  expedient,  to  take  place  within  the  bounds  of  the 
said  kingdom  of  England,  and  not  derogating  from  the  se- 
curity   above    provided    for    establishing    of    the    church    of 
Scotland  within  the  bounds  of  this  kingdom;  as  also  the  said 
Parliament  of  England  may  extend  the  additions  and  other 


ENGLAND  AND  SCOTLAND  453 

provisions  contained  in  the  articles  of  Union,  as  above  insert, 
in  favours  of  the  subjects  of  Scotland,  to  and  in  favours  of 
the  subjects  of  England;  which  shall  not  suspend  or  derogate 
from  the  force  and  effect  of  this  present  ratification,  but 
shall  be  understood  as  herein  included,  without  the  necessity 
of  any  new  ratification  in  the  Parliament  of  Scotland. 

VI.  (Providing  that  all  laws,  etc.,  inconsistent  with  Ar- 
ticles of  Union,  shall  cease.) 

VII.  And  whereas  an  Act  hath  passed  in  this  present  ses- 
sion of  Parliament,  entitled,  An  Act  for  securing  the  Church 
of  England  as  by  Law  established;    the  tenor  whereof  fol- 
lows: 

Whereas  by  an  Act  made  in  the  session  of  Parliament  held 
in  the  third  and  fourth  year  of  her  Majesty's  reign,  whereby 
her  Majesty  was  empowered  to  appoint  commissioners,  under 
the  great  seal  of  England,  to  treat  with  commissioners  to  be 
authorized  by  the  Parliament  of  Scotland,  concerning  an 
Union  of  the  kingdoms  of  England  and  Scotland,  it  is  pro- 
vided and  enacted,  That  the  commissioners  to  be  named  in 
pursuance  of  the  said  Act  should  not  treat  of  or  concerning 
any  alteration  of  the  liturgy,  rites,  ceremonies,  discipline,  or 
government  of  the  church  as  by  law  established  within  this 
realm:  And  whereas  certain  commissioners  appointed  by  her 
Majesty  in  pursuance  of  the  said  Act,  and  also  other  com- 
missioners nominated  by  her  Majesty  by  the  authority  of 
the  Parliament  of  Scotland,  have  met  and  agreed  upon  a 
treaty  of  Union  of  the  said  kingdoms;  which  treaty  is  no\v 
under  the  consideration  of  this  present  Parliament;  And 
whereas  the  said  treaty  (with  some  alterations  therein  made) 
is  ratified  and  approved  by  Act  of  Parliament  in  Scotland; 
and  the  said  Act  of  ratification  is  by  her  Majesty's  royal 
command,  laid  before  the  Parliament  of  this  kingdom :  And 
whereas  it  is  reasonable  and  necessary,  that  the  true  Prot- 
estant religion  professed  and  established  by  law  in  the 
Church  of  England,  and  the  doctrine,  worship,  discipline, 
and  government  thereof,  should  be  effectually  and  unalterably 
secured;  be  it  enacted  by  the  Queen's  most  excellent  Ma- 
jesty, by  and  with  the  advice  of  the  Lords  Spiritual  and  Tem- 
poral, and  the  Commons,  in  this  present  Parliament  assem- 
bled, and  by  authority  of  the  same,  That  an  Act  made  in  the 
thirteenth  year  of  the  reign  of  Queen  Elizabeth,  of  famous 
memory,  entitled,  An  Act  for  the  Ministers  of  the  Church  to 
be  of  sound  Religion;  and  also  another  Act  made  in  the 
thirteenth  year  of  the  reign  of  the  late  King  Charles  the 


454  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Second,  entitled,  An  Act  for  the  Uniformity  of  the  Public 
Prayers  and  Administration  of  Sacraments,  and  other  Rites 
and  Ceremonies,  and  for  establishing  the  form  of  making, 
ordaining,  and  consecrating  Bishops,  Priests  and  Deacons  in 
the  Church  of  England,  (other  than  such  clauses  in  the  said 
Acts,  or  either  of  them,  as  have  been  repealed  or  altered  by 
any  subsequent  Act  or  Acts  of  Parliament,)  and  all  and  sin- 
gular other  Acts  of  Parliament  now  in  force  for  the  estab- 
lishment and  preservation  of  the  Church  of  England,  and  the 
doctrine,  worship,  discipline,  and  government  thereof,  shall 
remain  and  be  in  full  force  for  ever. 

VIII.  (Providing  that  the  Queen's  successors  are  to  take 
an  oath  to  maintain  the  settlement  of  the  Church  of  Eng- 
land.) 

IX.  (Providing  that  this  Act  is  to  be  an  essential  part  of 
any  treaty  between  the  kingdoms.) 

X.  (Providing  that  the  Articles  of  Union,  and  the  Act  for 
the  establishment  of  the  Presbyterian  Church   Government, 
be  ratified  and  confirmed.) 

XL  (Declaring  the  Acts  for  settling  the  Church  Govern- 
ments in  both  kingdoms  essential  parts  of  the  Union.) 

XII.  And  whereas  since  the  passing  the  said  Act  in  the 
Parliament  of  Scotland,  for  ratifying  the  said  articles  of 
Union,  one  other  Act,  entitled,  An  Act  settling  the  Manner 
of  electing  the  Sixteen  Peers,  and  Forty-five  Members,  to 
represent  Scotland  in  the  Parliament  of  Great  Britain,  hath 
likewise  passed  in  the  said  Parliament  of  Scotland  at  Edin- 
burgh, the  fifth  day  of  February,  one  thousand  seven  hun- 
dred and  seven,  the  tenor  whereof  follows : 

Our  sovereign  lady  considering,  That  by  the  twenty-second 
articles  of  the  treaty  of  Union,  as  the  same  is  ratified  by  an 
Act  passed  in  this  session  of  Parliament,  upon  the  sixteenth 
of  January  last,  it  is  provided,  That  by  virtue  of  the  said 
treaty,  of  the  Peers  of  Scotland,  at  the  time  of  the  Union, 
sixteen  shall  be  of  the  number  to  sit  and  vote  in  the  House 
of  Lords,  and  forty-five  the  number  of  the  representatives 
of  Scotland  in  the  House  of  Commons  of  the  Parliament  of 
Great  Britain;  and  that  the  said  sixteen  peers,  and  forty- 
five  members  in  the  House  of  Commons,  be  named  and 
chosen  in  such  manner  as  by  a  subsequent  Act  in  this  present 
session  of  the  Parliament  in  Scotland,  should  be  settled ; 
which  Act  is  thereby  declared  to  be  as  valid,  as  if  it  were  a 
part  of,  and  engrossed  in  the  said  treaty :  Therefore  her 
Majesty,  with  the  advice  and  consent  of  the  estates  of  Par- 


ENGLAND  AND  SCOTLAND  455 

liament,  statutes,  enacts  and  ordains,  That  the  said  sixteen 
peers,  who  shall  have  right  to  sit  in  the  House  of  Peers  in 
the  Parliament  of  Great  Britain,  on  the  part  of  Scotland,  by 
virtue  of  this  treaty,  shall  be  named  by  the  said  peers  of 
Scotland,  whom  they  represent,  their  heirs  or  successors  to 
their  dignities  and  honours,  out  of  their  own  number,  and 
that  by  open  election  and  plurality  of  voices  of  the  peers 
present,  and  of  the  proxies  for  such  as  shall  be  absent,  the 
said  proxies  being  peers,  and  producing  a  mandate  in  writ- 
ing duly  signed  before  witnesses,  and  both  the  constituent 
and  proxy  being  qualified  according  to  law;  declaring  also. 
That  such  peers  as  are  absent,  being  qualified  as  aforesaid, 
may  send  to  all  such  meetings  lists  of  the  peers  whom  they 
judge  fittest,  validly  signed  by  the  said  absent  peers,  which 
shall  be  reckoned  in  the  same  manner  as  if  the  parties  had 
been  present,  and  given  in  the  said  list;  and  in  case  of  the 
death,  or  legal  incapacity  of  any  of  the  sixteen  peers,  that  the 
aforesaid  peers  of  Scotland  shall  nominate  another  of  their 
own  number,  in  place  of  the  said  peer  or  peers,  in  manner 
before  and  after-mentioned :  And  that  of  the  said  forty-five 
representatives  of  Scotland  in  the  House  of  Commons  in  the 
Parliament  of  Great  Britain,  thirty  shall  be  chosen  by  the 
Shires  or  Steuartries,  and  fifteen  by  the  royal  borrows,  as 
follows:  (The  remainder  of  the  Article  provides  for  the 
methods  of  election,  legal  capacities,  oaths  to  be  administered 
to,  etc.,  of  those  elected  to  the  House  of  Commons.) 

XIII.  As  by  the  said  Act  passed  in  Scotland,  for  settling 
the  manner  of  electing  the  sixteen  peers,  and  forty-five  mem- 
bers, to  represent  Scotland  in  the  Parliament  of  Great  Britain, 
may  appear;  Be  it  therefore  further  enacted  and  declared  by 
the  authority  aforesaid,  That  the  said  last-mentioned  Act 
passed  in  Scotland  for  settling  the  manner  of  electing  the 
sixteen  peers,  and  forty-five  members,  to  represent  Scotland 
in  the  Parliament  of  Great  Britain,  as  aforesaid,  shall  be, 
and  the  same  is  hereby  declared  to  be  as  valid  as  if  the  same 
had  been  part  of,  and  engrossed  in  the  said  articles  of  Union 
ratified  and  approved  by  the  said  Act  of  Parliament  of  Scot- 
land, and  by  this  Act,  as  aforesaid. 

(Evans'  Collection  of  Statutes,  ed.  Hammond  &  Granger,  Lend.,  1836,  VIII,  446.) 


CHAPTER    XXVI 

THE    JACOBITE    REBELLIONS 

195.    The  Proclamation  of  James  III. 

(1715) 

Clarke 

The  first  Jacobite  Rebellion,  which  was  doomed  to  end  in  a 
complete  fiasco,  was  hardly  imposing  in  its  beginnings.  The 
account  given  by  PETER  CLARKE  of  the  reading  of  the  Pretender's 
proclamation  at  Kendall  reads  like  the  description  of  the  re- 
hearsal of  a  comedy,  rather  than  a  serious  uprising.  Yet  the 
play  turned  out  to  be  a  tragedy  for  many,  although  from  the  in- 
ception it  was  a  hopeless  undertaking. 

Sir,  —  On  Wednesday  the  second  day  of  November  one 
thousand  seaven  hundred  and  fifteen,  the  then  high  sherriff 
of  Cumberland  assembled  the  posse  comitatus  on  Penrith 
Fell,  Viscount  Loynsdale  being  there  as  commanded  of  the 
malitia  of  Westmoreland,  Cumberland,  and  Northumberland, 
who  were  assembled  at  the  place  aforesaid  for  prevention 
of  rebelion  and  riots.  The  Lord  Bishop  of  Carlisle  and  his 
daughter  were  there.  By  the  strictest  observation  the  num- 
bers were  twenty-five  thousand  men,  but  very  few  of  them 
had  any  regular  armes. 

At  ii  o'clock  in  the  afternoon  of  the  same  day  the  high 
sherriff  and  the  two  lords  received  a  true  account  that  the 
Earl  of  Derwentwater,  together  with  his  army,  were  w'ithin 
6  miles  of  Penrith.  Vpon  receipt  of  this  news  the  said  high 
sherriff  and  the  said  2  lords,  the  posse  comitatus  and  the  ma- 
litia fled,  leaving  most  of  their  armes  vpon  the  said  fell. 

There  is  no  doubt  had  the  men  stood  their  ground  the  said 
Earl  and  his  men  (as  it  hath  since  beene  acknowledged  by 
diverse  of  them)  wood  have  retreated.  About  3  aclock  in 
the  afternoon  of  the  same  day  the  said  Earl,  together  with  his 
armys  in  number  about  one  thousand  seaven  hundred,  entred 
the  said  towne  of  Penrith,  where  they  proclaimed  their  king 
by  the  name  and  title  of  James  the  3d  of  England  and  Ire- 
land, and  8th  of  Scotland.  In  this  towne  they  received 

456 


THE  JACOBITE  REBELLIONS  457 

what  excise  was  due  to  the  crowne  and  gave  receipts  for  the 
same.  A  small  party  were  sent  to  Lowther  Hall  to  search  for 
Lord  Loynsdale,  but  not  finding  him  there  (for  he  was  gone 
into  Yorkshire),  they  made  bold  to  take  provision  for  them- 
selves and  their  horses,  such  as  the  Hall  aforded.  There 
were  only  at  that  time  two  old  woomen  in  the  said  Hall  who 
received  no  bodily  damage.  But  provision  being  scarce  in 
the  said  towne,  Penrith,  they  marched  betimes  next  morning 
for  Apleby.  The  gentlemen  paid  their  quarters  of  for  what 
they  called  for  in  both  these  townes,  but  the  commonality 
paid  little  or  nothing,  neither  was  there  any  person  that  re- 
ceived any  bodily  damage  in  either  of  the  said  townes.  If 
they  found  any  armes  they  tooke  them  without  paying  the 
owners  for  them.  Only  one  man  joyned  them  in  their  march 
from  Penrith  to  Apleby.  In  this  towne  they  made  the  same 
proclamation  as  they  had  done  in  the  former,  and  received 
the  excise.  The  weather  at  this  time  for  some  days  before 
was  rainey.  They  marched  out  of  this  towne  betimes  on 
Saturday  morning,  being  the  5th  of  November,  in  order  for 
Kendall.  In  this  days  march  none  joyned  them  (excepting 
one,  Mr.  Francis  Thornburrow)  son  of  Mr.  William  Thorn- 
burrow  of  Selfet  Hall  neare  Kendall.  His  father  sent  one  of 
his  servant  men  to  wait  vpon  his  son  because  he  was  in 
scarlet  cloathes,  and  stile  of  Captain  Thornburrow. 

About  12  a'clock  of  the  same  day  6  quartermasters  came 
into  the  towne  of  Kendall,  and  about  2  aclock  in  the  after- 
noone  Brigadeer  Mackintoss  and  his  men  came  both  a  horse- 
back, having  both  plads  on  their  targets  hanging  on  their 
backs,  either  of  them  a  sord  by  his  side,  as  also  either  a  gun 
and  a  case  of  pistols.  The  said  Brigadeere  looked  with  a 
grim  countenance.  He  and  his  men  lodged  at  Alderman 
Lowrys,  a  private  house  in  Highgate  Street  in  this  towne. 
About  one  houre  after  came  in  the  horsemen,  and  the  foot- 
men at  the  latter  end.  It  rained  very  hard  here  this  day, 
and  had  for  several  days  before,  so  that  the  horse  and  the 
footmen  did  not  draw  their  swords,  nor  shew  their  collours, 
neither  did  any  drums  beat.  Onely  six  highlands  bagpipes 
played.  They  marched  to  the  cold-stone  or  the  cross,  and 
read  the  same  proclamation  twice  over  in  English,  and  the 
reader  of  it  spoke  very  good  English  without  any  mixture 
of  Scotish  tongue.  I  had  for  about  one  month  lived  and  was 
clerke  to  Mr.  Craikenthorp,  attorney  at  Law,  and  as  a  spec- 
tator I  went  to  heare  the  proclamation  read,  which  I  believe 
was  in  print,  and  began  after  this  manner,  vizt.,  Whereas 


458  SOURCE-BOOK  OF  ENGLISH  HISTORY 

George  Elector  of  Brunswick  has  vsurped  and  taken  vpon 
him  the  stile  of  the  king  of  these  realms,  etc.  Another  clause 
in  it  I  tooke  particular  notice  of  which  was  this,  vizt.,  Did 
imedietly  after  his  said  fathers  decease  become  our  only  and 
lawful  leige.  At  the  end  of  the  proclamation  they  gave  a 
great  shout.  A  quaker  who  stood  next  to  me  not  puting  of 
his  hat  at  the  end  of  the  said  ceremony,  a  highlander  thurst 
a  halbert  at  him,  but  it  fortunatly  went  between  me  and  him, 
so  that  it  did  neither  of  vs  any  damage.  So  they  dispersed. 

(Peter  Clarke's  Journal,  1715.    From  Miscellany  of  the  Scottish  History  Society 
ed.  I,  p.  513.) 

196.    Landing  of  the  Young  Pretender 

(1745) 

Robert  I'orbes 

The  following  account  is  taken  from  The  Lyon  in  Mourning, 
a  collection  of  journals,  narratives,  etc.,  of  the  second  Jacobite 
invasion.  This  collection  was  made  by  the  Rev.  Robert  Forbes, 
M.A.,  Bishop  of  Ross  and  Caithness.  He  was  an  ardent  sup- 
porter of  the  Jacobite  cause,  and  indefatigable  in  the  acquisition 
of  facts  pertaining  thereto.  The  original  title-page  of  the  manu- 
script from  which  the  published  work  was  edited,  reads  as  fol- 
lows: "The  Lyon  in  Mourning;  or,  A  Collection  (as  made  as 
exactly  as  the  Iniquity  of  the  Times  would  permit)  of  Speeches, 
Letters,  Journals,  &c.,  relative  to  the  Affairs,  but  more  particu- 
larly to  the  Dangers  and  Distresses  of ... 

Journal  of  the  Prince's  imbarkation  and  arrival,  etc.,  the 
greatest  part  of  which  was  taken  from  Duncan  Cameron  at 
several  different  conversations  I  had  with  him. 

At  Nantes  the  Prince  and  his  few  attendants  waited  about 
fifteen  days  before  the  Elisabeth  ship  of  war  came,  which 
was  to  be  their  convoy  in  the  expedition.  To  cover  the 
design  the  better,  Sir  Thomas  Sheridan  passed  for  the  father, 
and  the  Prince  for  the  son,  for  none  knew  the  Prince  to  be  in 
company  but  the  seven,  some  few  others,  and  Mr.  Welch  (an 
Irishman,  a  very  rich  merchant  in  Nantes),  who  was  to 
command  the  frigate  of  sixteen  guns,  on  board  of  which  the 
Prince  and  the  few  faithful  friends  with  the  servants  were  to 
imbark. 

After  the  Prince  was  on  board  he  dispatched  letters  to 
his  father,  and  the  King  of  France,  and  the  King  of  Spain, 
advising  them  of  his  design,  and  no  doubt  desiring  assist- 
ance. . . . 

Two  or  three  hours  before  landing,  an  eagle  came  hover- 


THE  JACOBITE  REBELLIONS  459 

ing  over  the  frigate,  and  continued  so  to  do  till  they  were 
all  safe  on  shore.  Before  dinner  the  Duke  of  Athol  had 
spied  the  eagle;  but  (as  he  told  several  friends  in  Scotland) 
he  did  not  chuse  then  to  take  any  notice  of  it,  lest  they 
should  have  called  it  a  Highland  freit  in  him.  When  he 
came  upon  deck  after  dinner,  he  saw  the  eagle  still  hovering 
about  in  the  same  manner,  and  following  the  frigate  in  her 
course,  and  then  he  could  not  help  remarking  it  to  the 
Prince  and  his  small  retinue,  which  they  looked  upon  with 
pleasure.  His  grace,  turning  to  the  Prince  said,  "Sir,  I 
hope  this  is  an  excellent  omen,  and  promises  good  things  to 
us.  The  king  of  birds  is  come  to  welcome  your  royal  high- 
ness upon  your  arrival  in  Scotland." 

When  they  were  near  the  shore  of  the  Long  Isle,  Duncan 
Cameron  was  set  out  in  the  long  boat  to  fetch  them  a  proper 
pilot.  When  he  landed  he  accidentally  met  with  Barra's 
piper,  who  was  his  old  acquaintance,  and  brought  him  on 
board.  The  piper  piloted  them  safely  into  Erisca  (about 
July  21  st),  a  small  island  lying  between  Barra  and  South 
Uist.  "At  this  time,"  said  Duncan  Cameron,  "there  was  a 
devil  of  a  minister  that  happened  to  be  in  the  island  of 
Barra,  who  did  us  a'  the  mischief  that  lay  in  his  power.  For 
when  he  had  got  any  inkling  about  us,  he  dispatched  away 
expresses  with  informations  against  us.  But  as  the  good 
luck  was,  he  was  not  well  believed,  or  else  we  would  have 
been  a'  tane  by  the  neck." 

When  Duncan  spoke  these  words,  "a  devil  of  a  minister," 
he  bowed  low,  and  said  to  me,  "Sir,  I  ask  you  ten  thousand 
pardons  for  saying  so  in  your  presence.  But,  good  faith, 
I  can  assure  you,  sir  (asking  your  pardon),  he  was  nothing 
else  but  the  devil  of  a  minister" 

When  they  landed  in  Eriska,  they  could  not  find  a  grain 
of  meal  or  one  inch  of  bread.  But  they  catched  some 
flounders,  which  they  roasted  upon  the  bare  coals  in  a  mean 
low  hut  they  had  gone  into  near  the  shore,  and  Duncan 
Cameron  stood  cook.  The  Prince  sat  at  the  cheek  of  the 
little  ingle,  upon  a  fail  sunk,  and  laughed  heartily  at  Dun- 
can's cookery,  for  he  himself  owned  he  played  his  part 
awkwardly  enough. 

Next  day  the  Prince  sent  for  young  Clanranald's  uncle 
(Alexander  MacDonald  of  Boisdale),  who  lived  in  South 
Uist,  and  discovered  himself  to  him.  This  gentleman  spoke 
in  a  very  discouraging  manner  to  the  Prince,  and  advised 
him  to  return  home.  To  which  it  is  said  the  Prince  replied, 


460  SOURCE-BOOK  OF  ENGLISH  HISTORY 

"I  am  come  home,  sir,  and  I  will  entertain  no  notion  at  all 
of  returning  to  that  place  from  whence  I  came;  for  that  I 
am  persuaded  my  faithful  Highlanders  will  stand  by  me." 
Mr.  MacDonald  told  him  he  was  afraid  he  would  find  the 
contrary. . . . 

The  royal  standard  was  set  up  at  Glenfinnan  (August 
1 9th),  the  property  of  Clanranald,  at  the  head  of  Lochschiel, 
which  marches  with  Lochiel's  ground,  and  lies  about  ten 
miles  west  from  Fort  William.  The  Prince  had  been  a  full 
week  before  this,  viz.,  from  Sunday  the  nth,  at  Kinloch- 
moydart's  house,  and  Lochiel  had  been  raising  his  men  who 
came  up  with  them  just  as  the  standard  was  setting  up.  . . . 

September  4th.  In  the  evening  he  made  his  entrance  into 
Perth  upon  the  horse  that  Major  MacDonall  had  presented 
him  with.  . . . 

September  i6th.  The  Prince  and  his  army  were  at  Gray's 
Mill  upon  the  Water  of  Leith,  when  he  sent  a  summons  to 
the  Provost  and  Town  Council  of  Edinburgh  to  receive  him 
quietly  and  peacefully  into  the  city.  Two  several  deputa- 
tions were  sent  from  Edinburgh  to  the  Prince  begging  a 
delay  till  they  should  deliberate  upon  what  was  fittest  to  be 
done.  Meantime  eight  or  nine  hundred  Highlanders  under 
the  command  of  Keppoch,  young  Lochiel,  and  O'Sullivan, 
marched  in  between  the  Long  Dykes  without  a  hush  of 
noise,  under  the  favour  of  a  dark  night,  and  lurked  at  the 
head  of  the  Canongate  about  the  Nether  Bow  Port  till  they 
should  find  a  favourable  opportunity  for  their  design,  which 
soon  happened.  The  hackney  coach  that  brought  back  the 
second  deputation,  entred  at  the  West  Port,  and  after  setting 
down  the  deputies  at  their  proper  place  upon  the  street,  drove 
down  the  street  towards  the  Canongate,  and  when  the  Nether 
Bow  Port  was  made  open  to  let  out  the  coach,  the  lurking 
Highlanders  rushed  in  (it  being  then  peep  of  day)  and  made 
themselves  masters  of  the  city  without  any  opposition,  or 
the  smallest  noise. 

(The  Lyon  in  Mourning,  Robert  Forbes,  edited  from  his  Manuscript  by  Henry 
Paten,  3  vols.,  University  Press,  Edinburgh,  1895.  I,  201.) 

197.    Escape  of  Prince  Charles  at  Moy  Hall 

Gib 

The  peril  which  the  Pretender  narrowly  escaped  at  Moy  Hall 
on  February  I7th  —  not  24th.  as  erroneously  dated  in  Gib's  ac- 
count—  is  a  good  example  of  the  dangers  to  which  he  was  con- 
stantly subjected,  and  of  the  devotion  of  his  adherents.  Gib's 
"accompts"  are  mostly  made  up  of  household  expenses,  with 
occasional  interruptions  in  the  shape  of  narrative. 


THE  JACOBITE  REBELLIONS  461 

Copy  (exact  and  faithful)  of  the  Accompts  of  James  Gib, 
who  served  the  Prince  in  station  of  Master-Household  and 
provisor  for  the  Prince's  own  Table. 

24  Monday.     At  Moy  hall. 

N.B.  —  This  is  the  day  in  the  morning  of  which  Lord 
Loudon  thought  to  have  surprized  the  Prince,  and  to  have 
taken  him  prisoner  in  his  bed  at  Moy  or  Moy-hall.  Old 
Lady  Macintosh,  living  in  Inverness,  and  getting  notice  of 
Lord  Loudon's  design,  dispatched  a  boy  (Lachlan  Macintosh) 
about  fifteen  years  of  age,  to  try  if  he  could  get  past  Lord 
Loudon's  men,  and  to  make  all  the  haste  he  could  to  Moy  to 
warn  the  Prince  of  what  was  intended  against  him.  The 
boy  attempted  to  pass  by  Lord  Loudon  and  his  command, 
but  found  that  he  could  not  do  it  without  running  the  risque 
of  a  discovery ;  and  therefore,  as  he  said,  he  lay  down  at  a 
dyke's  side,  till  all  Lord  Loudon's  men  passed  him,  and,  tak- 
ing a  different  road,  came  to  Moy  about  five  o'clock  in  the 
morning.  And  though  the  morning  was  exceedingly  cold, 
the  boy  was  in  a  top  sweat,  having  made  very  good  use  of  his 
time.  He  said  that  Lord  Loudon  and  his  men  (to  use  his 
own  words)  were  within  five  quarters  of  a  mile  of  Moyhall. 
Immediately  the  Prince  was  awaked,  and  having  but  about 
thirty  men  for  a  guard,  he  marched  two  miles  down  the 
country  by  the  side  of  a  loch,  till  his  men  should  conveen. 
There  was  not  the  least  suspicion  entertained  of  any  danger, 
otherwise  there  would  have  been  a  much  stronger  guard 
about  the  Prince's  person ;  and  there  is  no  doubt  to  be  made 
but  that  Lord  Loudon  had  got  certain  information  of  the 
small  number  of  men  who  were  to  mount  guard  upon  the 
Prince  that  night,  which  had  induced  him  to  try  the  experi- 
ment. Lady  Macintosh  (junior)  was  in  great  pain  to  have 
the  Prince  save  off  from  Moy  when  she  heard  the  alarm. 
The  Prince  returned  the  same  night  (Monday)  to  Moy  and 
slept  there.  Mr.  Gib,  upon  the  alarm,  having  been  sleeping 
in  his  cloaths,  stept  out  with  his  pistols  under  his  arm,  and 
in  the  close  he  saw  the  Prince  walking  with  his  bonnet  above 
his  nightcap,  and  his  shoes  down  to  his  heels ;  and  Lady 
Macintosh  in  her  smock  petticoat  running  through  the  close, 
speaking  loudly  and  expressly  her  anxiety  about  the  Prince's 
safety.  Mr.  Gib  went  along  with  the  Prince  down  the  side 
of  the  Loch,  and  left  several  covered  waggons  and  other 
baggage  at  Moy,  about  which  Lady  Macintosh  forbad  Mr. 


462  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Gib  to  be  in  the  least  anxious,  for  that  she  would  do  her  best 
to  take  care  of  them.  And  indeed  she  was  as  good  as  her 
word;  for  upon  the  Prince's  return  to  Moy,  Mr.  Gib  found 
all  his  things  in  great  safety,  the  most  of  them  having  been 
carried  off  by  Lady  Macintosh's  orders  into  a  wood,  where 
they  would  not  readily  have  been  discovered,  though  Lord 
Loudon  and  his  men  had  proceeded  to  Moy.  But  they  were 
most  providentially  stopt  in  their  march,  which  happened 
thus.  A  blacksmith  and  other  four,  with  loaded  muskets  in 
their  hands,  were  keeping  watch  upon  a  muir  at  some  dis- 
tance from  Moy  towards  Inverness.  As  they  were  walking 
up  and  down,  they  happened  to  spy  a  body  of  men  walking 
towards  them,  upon  which  the  blacksmith  fired  his  piece, 
and  the  other  four  followed  his  example.  The  Laird  of 
Macleod's  piper  (reputed  the  best  of  his  business  in  all 
Scotland)  was  shot  dead  on  the  spot.  Then  the  blacksmith 
(Eraser)  and  his  trustly  companions  raised  a  cry  (calling 
some  particular  regiments  by  their  names)  to  the  Prince's 
army  to  advance,  as  if  they  had  been  at  hand,  which  so  far 
imposed  upon  Lord  Loudon  and  his  command  (a  pretty  con- 
siderable one),  and  struck  them  with  such  a  panick,  that 
instantly  they  beat  a  retreat,  and  made  their  way  back  to 
Inverness  in  great  disorder,  imagining  the  Prince's  whole 
army  to  be  at  their  heels.  This  gallant  and  resolute  be- 
haviour of  the  five,  which  speaks  an  uncommon  presence  of 
mind,  happened  much  about  the  same  time  when  the  boy 
(Lauchlan  Macintosh)  arrived  at  Moy  to  give  the  alarm. 

(7 he  Lyon  in  Mourning;  ed.  cit.,  II,  134.) 

198.    After  Culloden 

John  Fraser 

The  brutalities  perpetrated  upon  the  conquered  by  the  victors 
at  Culloden  are  shown  in  the  account,  given  by  Mr.  Fraser,  of 
the  execution  of  prisoners,  with  its  attendant  outrages. 

An  account  of  the  Signal  Escape  of  John  Fraser  taken 
from  the  Copy  Printed  at  Edinburgh. 

John  Fraser,  Ensign  in  the  Master  of  Lovat's  regiment, 
was  shot  through  the  thigh  by  a  musket  bullet  at  the  battle 
of  Culloden,  and  was  taken  prisoner,  after  the  battle,  at  a 
little  distance  from  the  field,  and  carried  to  the  House  of 
Culloden,  where  a  multitude  of  other  wounded  prisoners  lay 
under  stronsr  guards.  There  he  and  the  other  miserable 


THE  JACOBITE  REBELLIONS  463 

gentlemen  (for  most  of  them  were  gentlemen),  lay  with  their 
wounds  undressed  for  two  days  in  great  torture.  Upon  the 
third  day  he  was  carried  out  of  Culloden  House,  and  with 
other  eighteen  of  his  fellow  prisoners  flung  into  carts, 
which  they  imagined  were  to  carry  them  to  Inverness  to  be 
dressed  of  their  wounds.  They  were  soon  undeceived.  The 
carts  stopt  at  a  park  dyke  at  some  distance  from  the  house; 
there  they  were  dragged  out  of  the  carts ;  the  soldiers  who 
guarded  them,  under  command  of  three  officers,  carried  the 
prisoners  close  to  the  wall  or  park  dyke,  along  with  they 
ranged  them  upon  their  knees,  and  bid  them  prepare  for 
death.  The  soldiers  immediately  drew  up  opposite  to  them. 
It  is  dreadful  to  proceed  !  They  levelled  their  guns !  They 
fired  among  them.  Mr.  Eraser  fell  with  the  rest,  and  did 
not  doubt  that  he  was  shot.  But  as  those  gentlemen  who 
proceeded  thus  deliberately  in  cold  blood  had  their  orders  to 
do  nothing  by  halves,  a  party  of  them  went  along  and 
examined  the  slaughter,  and  knocked  out  the  brains  of  such 
as  were  not  quite  dead;  and  observing  signs  of  life  in  Mr. 
Fraser,  one  of  them  with  the  butt  of  his  gun  struck  him  on 
the  face,  dashed  out  one  of  his  eyes,  and  beat  down  his  nose 
flat  and  shattered  to  his  cheek,  and  left  him  for  dead.  The 
slaughter  thus  finished  the  soldiers  left  the  field.  In  this 
miserable  situation,  Lord  Boyd  riding  out  that  way  with  his 
servant,  espied  some  life  in  Mr.  Fraser,  who  by  that  time  had 
crawled  to  a  little  distance  from  his  dead  friends,  and  calling 
out  to  him,  asked  what  he  was.  Fraser  told  him  he  was  an 
officer  in  the  Master  of  Lovat's  corps.  Lord  Boyd  offered 
him  money,  saying  he  had  been  acquainted  with  the  Master 
of  Lovat,  his  colonel.  Mr.  Fraser  said  he  had  no  use  for 
money,  but  begged  him  for  God's  sake  to  cause  his  servant 
carry  him  to  a  certain  mill  and  cott  house,  where  he  said 
he  would  be  concealed  and  taken  care  of.  This  young  Lord 
had  the  humanity  to  do  so,  and  in  this  place  Mr.  Fraser  lay 
concealed,  and  by  God's  providence  recovered  of  his  wounds, 
and  is  now  a  living  witness  of  as  unparallel'd  a  story  in  all 
its  circumstances  as  can  be  met  with  in  the  history  of  any 
age. 

Mr.  Fraser  is  well  known  and  his  veracity  attested  by  all 
the  Inverness  people. 

N.B.  —  Mr.  David  Chisholm,  Presbyterian  Minister  at 
Kilmorack  in  the  shire  of  Inverness,  when  in  Edinburgh  at 
the  General  Assembly  in  May  1758,  told  that  said  Fraser  or 
Maclver  still  lives  at  a  place  called  Wellhouse  in  said  parish 


464  SOURCE-BOOK  OF  ENGLISH  HISTORY 

of  Kilmorack,  that  his  name  is  Alexander  and  not  John,  and 
that  he  himself  (Mr.  Chisholm),  is  a  blood  relation  to  said 
Alexander  Eraser's  Wife  (See  f.  1619). 

Robert  Fraser,  A.M. 

(From  The  Lyon  in  Mourning,  ed.  cit.,  II,  p.  26 


199.    Bond  Given  by  the  Young  Pretender 

The  Lyon  in  Mourning 

The  conditions  of  the  bond  given  by  Prince  Charles  to  Hep- 
burn of  Kingstoun  were  hardly  calculated  to  give  it  value,  save 
as  a  curiosity,  but  it  well  illustrates  the  manner  in  which  money 
was  raised  for  the  Stuart  cause.  The  original  was  preserved  by 
Mr.  John  Goodwillie,  who  attested  the  copy  under  the  name  of 
Benevole  —  a  punning  translation  of  his  name  in  Latin. 

L.  S.  We,  Charles  Prince  of  Wales,  etc.,  Regent  of  the 
kingdoms  of  Scotland,  England,  France,  and  Ireland,  and  the 
dominions  thereunto  belonging,  Whereas  Patrick  Hepburn 
of  Kingstoun  in  the  County  of  Haddington  hath  advanced 
to  us  by  the  hands  of  Collonel  Lauchlan  M'Lauchlan  of  that 
Ilk  the  sum  of  seven  hundred  and  fourty  pounds  sterling  in 
numerate  money  of  Britain,  we  therefore  hereby  authorise 
and  appoint  our  treasurer  for  the  time  to  repay  the  aforsaid 
sum  of  seven  hundred  and  fourty  pounds  to  the  said  Patrick 
Hepburn,  his  heirs  and  assigneys  whomsoever,  and  that  how 
soon  we  shall  arrive  at  our  Palace  of  St.  James,  London, 
our  Royall  Father  settled  upon  the  throne  of  our  royall  an- 
cestors, and  our  said  kingdoms  in  peace  and  tranquillity, 
under  our  government.  Given  at  our  Palace  of  Holyrood- 
house,  the  seventeenth  day  of  October,  1745. 

(Signed)          Charles  P.  R. 

H<zc  est  -uera  copia  ita  testamur. 

Johannes  Benevole, 
Scriba. 

0.        ,       .,  .,         f    Robertus  Ross,  tcstis. 
Sic  suoscribitur    4     A,          ,       ,,.'  .    „ 

(    Alexander  Mitchell,  testis. 

(From  The  Lyon  in  Mourning  (see  above).  II,  p.  262.) 

200.    Execution  of  the  Rebel  Lords 

R.  Graham 

The  following  letter,  written  by  a  spectator  of  the  execution 
of  the  rebel  lords,  furnishes  a  fitting  conclusion  to  the  extracts 
concerning  the  Jacobite  uprisings,  which  in  1715  and  1746  threat- 
ened the  throne  of  the  Protestant  Succession, 


THE  JACOBITE  REBELLIONS  465 

LETTER    DESCRIBING    THE    EXECUTION    OF    THE   REBEL    LORDS    IN 
1746,    COPIED    FROM    THE    ORIGINAL 

August  20th  (1746).  —  Dear  Sir,  —  As  you  and  Mrs. 
Grimstone  attended  the  Lords'  tryal,  I  thought  it  would  not 
be  disagreeable  to  you  to  have  an  account  of  their  exit  or 
the  last  act  of  their  tragedy,  especially  as  I  saw  part  of  it, 
and  heard  the  rest  from  one  who  was  on  the  scaffold.  The 
sheriffs  came  there  between  9  and  10  to  see  if  everything 
was  prepared.  The  scaffold  was  nine  feet  above  ground, 
with  a  rail  and  black  bays  hanging  from  it.  On  the  floor 
(which  was  covered  with  sawdust)  was  fixed  the  block, 
2ft.  2in.  high  and  3  inches  broad:  near  it  lay  red  bags  to 
receive  the  heads,  and  two  white  sheets  to  wrap  the  bodies 
in,  and  on  each  side  were  the  coffins  with  coronets  and 
inscriptions,  and  on  the  ground  two  hearses.  The  execu- 
tioner was  in  blew  with  gold  buttons  and  a  red  waistcoat 
(the  cloaths  of  Fletcher  executed  by  him)  :  the  ax  that  of 
a  carpenter. 

At  1 1  the  Lords  came :  Kilmarnock  attended  by  Foster  and 
a  young  clergyman.  Balmerino  was  dressed  in  blew  turned 
up  with  red  (his  uniform).  Going  into  the  house  prepared 
for  them,  a  spectator  asked  which  was  Balmerino ;  to  which 
he  replied,  "I  am  he  at  your  service."  Then  turning  to 
Kilmarnock,  he  told  him  he  was  sorry  he  was  not  the  only 
sacrifice,  and  asked  the  sheriffs  if  they  were  ready,  for  he 
longed  to  be  at  home,  and  said  he  was  asham'd  for  some  of 
his  friends,  who  shed  tears  when  Lord  Kilmarnock  came  on 
the  scaffold.  The  bays  was  turned  up  that  all  might  see, 
and  the  executioner  put  on  a  white  waistcoat.  My  Lord  had 
a  long  discourse  with  Foster,  who  pressed  him  to  own  there 
what  he  had  told  him  privately,  • —  a  detestation  of  the  fact 
for  which  he  suffered;  which  he  did  and  which  Foster  has 
advertised. 

The  executioner  was  a  great  while  fitting  him  for  the 
block,  my  Lord  rising  several  times ;  and  when  down  on  his 
knees,  it  was  six  minutes  before  he  gave  the  sign,  when  his 
head  was  nearly  severed  from  his  body  by  one  blow;  a  slight 
cut  finished  the  execution,  and  the  body  fell  on  its  back. . .  . 

The  scaffold  being  cleared,  and  the  executioner  having 
put  on  a  clean  shirt,  Lord  Balmerino  mounted  the  stage,  and 
immediately  walked  to  his  coffin,  and  read  the  inscription, 
and  then  called  up  a  warder,  and  gave  him  his  tye  wig,  and 
put  on  a  Scotch  plaid  cap,  and  then  read  a  paper  denying 


466  SOURCE-BOOK  OF  ENGLISH  HISTORY 

the  Pretender's  orders  for  no  quarter,  commending  him  very 
much:  but  being  interrupted,  he  desired  (briskly)  to  go  on, 
and  said  he  should  lay  down  his  head  with  pleasure  on  that 
block,  pointing  to  it,  and  desiring  those  between  him  and  it 
to  remove.  He  reflected  very  much  upon  General  William- 
son, but  said  he  had  received  the  Sacrament  that  morning, 
and  was  told  it  was  not  proper  for  a  person  of  his  condition 
to  say  more  of  him,  but  referred  for  his  character  to  Psalm 
109,  from  verse  5th  to  I5th.  He  said  the  Pretender  gave 
him  leave  to  enter  our  service,  but  soon  as  he  could  be  of 
service  to  him,  he  left  us.  He  talked  to  the  executioner, 
took  the  ax  in  his  hand,  and  tried  the  block,  and  told  and 
showed  him  where  to  strike  (near  his  head),  and  gave  him 
three  guineas  (all  he  had)  ;  kneeled  down  and  presently  gave 
the  sign.  The  first  blow  did  not  strike  his  head  off,  so  that 
the  assistants  were  forced  to  lift  up  his  body  to  receive  a 
second,  but  the  third  finished  him. 

I  own  I  was  a  great  deal  more  moved  when  I  called  on 
my  friend  Mr.  Gill  in  the  afternoon,  and  found  him  in  great 
pain  and  given  over  by  his  Doctor,  than  I  was  with  what  I 
saw  in  the  morning. 

The  Guards  attending  were  1,000,  and  I  am  sure  the  spec- 
tators were  100  to  i  of  the  Guards. 

I  am  yours  and  Mr.  and  Mrs.  Grimstons 

Most  obliged  servant, 

R.  Graham. 

(Diaries  of  a  Lady  of  Quality  (Miss  Wynn),  ed.  by  A.  Hayward  Q.C. 
London,  1864,  p.  142.) 


CHAPTER    XXVII 

JOHN   WILKES 

201.    No.  45  of  the  "North  Briton" 

We  cannot  better  introduce  the  following  paper  than  by  quot- 
ing the  words  of  Sir  THOMAS  ERSKINE  MAY,  in  his  Constitu- 
tional History  of  England: 

"On  the  23rd  of  April,  1763,  appeared  the  memorable  num- 
ber of  the  'North  Briton,'  commenting  upon  the  king's 
speech  at  the  prorogation,  and  upon  the  unpopular  peace 
recently  concluded.  It  was  at  once  stigmatized  by  the  court 
as  an  audacious  libel,  and  a  studied  insult  to  the  king  him- 
self; and  it  has  since  been  represented  in  the  same  light,  by 
historians  not  heated  by  the  controversies  of  that  time.  But 
however  bitter  and  offensive,  it  unquestionably  assailed  the 
minister  rather  than  the  king.  Recognizing,  again  and 
again,  the  constitutional  maxim  of  ministerial  responsibility, 
it  treated  the  royal  speech  as  the  composition  of  the  min- 
ister." 

The  result  of  the  publication  was  the  prosecution  of 
Wilkes  for  libel  in  the  Court  of  King's  Bench.  A  verdict 
was  easily  obtained,  but  the  people  considered  Wilkes  their 
champion,  and  the  illegal  proceedings  against  him  made  him 
a  hero.  He  was  punished  by  imprisonment,  but  finally 
triumphed  by  being  seated  in  that  Parliament  which  had 
ousted  him  from  their  midst  as  a  thing  unclean. 

THE    NORTH    BRITON 
No.  XLV,  Saturday,  April  23,  1763. 

Genus  orationis  atrox,  et  vehemens,  cui  opponitur  lenitatis 
et  mansuetudinis. 

CICERO. 

The  King's  Speech  has  always  been  considered  by  the 
legislature,  and  by  the  public  at  large,  as  the  Speech  of  the 

467 


468  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Minister.  It  has  regularly,  at  the  beginning  of  every  session 
of  parliament,  been  referred  by  both  houses  to  the  considera- 
tion of  a  committee,  and  has  been  generally  canvassed  with 
the  utmost  freedom,  when  the  minister  of  the  crown  has  been 
obnoxious  to  the  nation.  The  ministers  of  this  free  country, 
conscious  of  the  undoubted  privileges  of  so  spirited  a  people, 
and  with  the  terrors  of  parliament  before  their  eyes,  have 
ever  been  cautious,  no  less  with  regard  to  the  matter,  than 
to  the  expressions,  of  speeches,  which  they  have  advised  the 
sovereign  to  make  from  the  throne,  at  the  opening  of  every 
session.  They  well  knew  that  an  honest  house  of  parliament, 
true  to  their  trust,  could  not  fail  to  detect  the  fallacious  arts, 
or  to  remonstrate  against  the  daring  acts  of  violence,  com- 
mitted by  any  minister.  The  speech  at  the  close  of  the  ses- 
sion has  ever  been  considered  as  the  most  secure  method  of 
promulgating  the  favourite  court  creed  among  the  vulgar; 
because  the  parliament,  which  is  the  constitutional  guardian 
of  the  liberties  of  the  people,  has  in  this  case  no  opportunity 
of  remonstrating,  or  of  impeaching  any  wicked  servant  of 
the  crown. 

This  week  has  given  the  public  the  most  abandoned  in- 
stance of  ministerial  effrontery  ever  attempted  to  be  im- 
posed on  mankind.  The  minister's  speech  of  last  Tuesday, 
is  not  to  be  parralleled  in  the  annals  of  this  country.  I  am 
in  doubt,  whether  the  imposition  is  greater  on  the  sovereign, 
or  on  the  nation.  Every  friend  of  his  country  must  lament 
that  a  prince  of  so  many  great  and  amiable  qualities,  whom 
England  truly  reveres,  can  be  brought  to  give  the  sanction 
of  his  sacred  name  to  the  most  odious  measures,  and  to  the 
most  unjustifiable,  public  declarations,  from  a  throne  ever 
renowned  for  truth,  honour,  and  unsullied  virtue.  I  am  sure, 
all  foreigners,  especially  the  king  of  Prussia,  will  hold  the 
minister  in  contempt  and  abhorrence.  He  has  made  our 
sovereign  declare.  My  expectations  have  been  fully  answered 
by  the  happy  effects  which  the  several  allies  of  my  crown 
have  derived  from  this  salutary  measure  of  the  definitive 
Treaty.  The  powers  at  war  with  my  good  brother,  the  King 
of  Prussia,  have  been  induced  to  agree  to  such  terms  of 
accomodation,  as  that  great  prince  has  approved;  and  the 
success  zvhich  has  attended  my  negociation,  has  necessarily 
and  immediately  diffused  the  blessings  of  peace  through 
every  part  of  Europe.  The  infamous  fallacy  of  this  whole 
sentence  is  apparent  to  all  mankind:  for  it  is  known,  that  the 
King  of  Prussia  did  not  barely  approve,  but  absolutely  die- 


JOHN  WILKES  469 

tatcd,  as  conqueror,  every  article  of  the  terms  of  peace.  No 
advantage  of  any  kind  has  accrued  to  that  magnanimous 
prince  from  our  negotiations,  but  he  was  basely  deserted  by 
the  Scottish  prime-minister  of  England.  He  was  known  by 
every  court  in  Europe  to  be  scarcely  on  better  terms  of  friend- 
ship here,  than  at  Vienna;  and  he  was  betrayed  by  us  in  the 
treaty  of  peace.  What  a  strain  of  insolence,  therefore,  is 
it  in  a  minister  to  lay  claim  to  what  he  is  conscious  all  his 
efforts  tended  to  prevent,  and  meanly  to  arrogate  to  himself 
a  share  in  the  fame  and  glory  of  one  of  the  greatest  princes 
the  world  has  ever  seen  ?  The  king  of  Prussia,  however, 
has  gloriously  kept  all  his  former  conquests,  and  stipulated 
security  for  all  his  allies,  even  for  the  elector  of  Hanover. 
I  know  in  what  light  this  great  prince  is  considered  in 
Europe,  and  in  what  manner  he  has  been  treated  here ;  among 
other  reasons,  perhaps,  from  some  contemptuous  expressions 
he  may  have  used  of  the  Scot:  expressions  which  are  every 
day  echoed  by  the  whole  body  of  Englishmen  through  the 
southern  part  of  this  island. 

The  Preliminary  Articles  of  Peace  were  such  as  have 
drawn  the  contempt  of  mankind  on  our  wretched  negocia- 
tors.  All  our  most  valuable  conquests  were  agreed  to  be 
restored,  and  the  East  India  Company  would  have  been  in- 
fallibly ruined  by  a  single  article  of  this  fallacious  and  bane- 
ful negociation.  No  hireling  of  the  minister  has  been  hardy 
enough  to  dispute  this;  yet  the  minister  himself  has  made 
our  sovereign  declare,  the  satisfaction  which  he  felt  at  the 
approaching  re-establishment  of  peace  upon  conditions  so 
honourable  to  his  crown,  and  so  beneficial  to  his  people.  As 
to  the  entire  approbation  of  parliament,  which  is  so  vainly 
boasted  of,  the  world  knows  how  that  was  obtained.  The 
large  debt  on  the  Civil  List,  already  above  half  a  year  in 
arrear,  shews  pretty  clearly  the  transactions  of  the  winter. 
It  is,  however,  remarkable,  that  the  minister's  speeche  dwells 
on  the  entire  approbation  given  by  parliament  to  the  Prelim- 
inary Articles,  which  I  will  venture  to  say,  he  must  by  this 
time  be  ashamed  of;  for  he  has  been  brought  to  confess  the 
total  want  of  that  knowledge,  accuracy  and  precision,  by 
which  such  immense  advantages  both  of  trade  and  territory, 
were  sacrificed  to  our  inveterate  enemies.  These  gross 
blunders  are,  indeed,  in  some  measure  set  right  by  the  De- 
finitive Treaty;  yet,  the  most  important  articles,  relative  to 
cessions,  commerce,  and  the  FISHERY,  remain  as  they  were, 
with  respect  to  the  French.  The  proud  and  feeble  Spaniard, 


470  SOURCE-BOOK  OF  ENGLISH  HISTORY 

too,  does  not  RENOUNCE,  but  only  DESISTS  from  all  pretensions, 
which  he  may  have  formed,  to  the  right  of  fishing  —  where  ? 
only  about  the  island  of  NEWFOUNDLAND  —  till  a  favourable 
opportunity  arises  of  insisting  on  it,  there,  as  ivcll  as  else- 
where. 

The  minister  cannot  forbear,  even  in  the  King's  Speech, 
insulting  us  with  a  dull  repetition  of  the  word  occonomy.  I 
did  not  expect  so  soon  to  have  seen  that  word  again,  after 
it  had  been  so  lately  exploded,  and  more  than  once,  by  a  most 
numerous  audience,  hissed  off  the  stage  of  our  English  the- 
atres. It  is  held  in  derision  by  the  voice  of  the  people,  and 
every  tongue  loudly  proclaims  the  universal  contempt,  in 
which  these  empty  professions  are  held  by  this  nation.  Let 
the  public  be  informed  of  a  single  instance  of  occonomy, 
except  indeed  in  the  household.  Is  a  regiment,  which  was 
compleated  as  to  its  compliment  of  officers  on  the  Tuesday, 
and  broke  on  the  Thursday,  a  proof  of  (economy?  Is  the 
pay  of  the  Scottish  Master  Elliot  to  be  voted  by  an  English 
parliament,  under  the  head  of  occonomy?  Is  this,  among 
a  thousand  others,  one  of  the  convincing  proofs  of  a  firm 
resolution  to  form  government  on  a  plan  of  strict  occonomy  ? 
Is  it  not  notorious,  that  in  the  reduction  of  the  army,  not  the 
least  attention  has  been  paid  to  it  ?  Many  unnecessary  ex- 
penses have  been  incurred,  only  to  increase  the  power  of  the 
crown,  that  is,  to  create  more  lucrative  jobbs  for  the  crea- 
tures of  the  minister.  The  staff  indeed  is  broke,  but  the 
discerning  part  of  mankind  immediately  comprehended  the 
mean  subterfuge,  and  resented  the  indignity  put  upon  so 
brave  an  officer,  as  marshal  Ligonier.  That  step  was  taken 
to  give  the  whole  power  of  the  army  to  the  crown,  that  is,  to 
the  minister.  Lord  Ligonier  is  now  no  longer  at  the  head 
of  the  army;  but  Lord  Bute  in  effect  is:  I  mean  that  every 
preferment  given  by  the  crown  will  be  found  still  to  be  ob- 
tained by  his  enormous  influence,  and  to  be  bestowed  only 
on  the  creatures  of  the  Scottish  faction.  The  nation  is  still 
in  the  same  deplorable  state,  while  he  governs,  and  can  make 
the  tools  of  his  power  pursue  the  same  odious  measure. 
Such  a  retreat,  as  he  intends,  can  only  mean  that  personal  in- 
demnity, which,  I  hope,  guilt  will  never  find  from  an  injured 
nation.  The  negociations  of  the  late  inglorious  peace,  and  the 
excise,  will  haunt  him,  wherever  he  goes,  and  the  terrors  of 
the  just  resentment,  which  he  must  be  to  meet  from  a  brave 
and  insulted  people,  and  which  must  finally  crush  him,  will 
be  for  ever  before  his  eyes, 


JOHN  WILKES  471 

In  vain  will  such  a  minister,  or  the  foul  dregs  of  his 
power,  the  tools  of  corruption  and  despotism,  preach  up  in 
the  speech  that  spirit  of  concord,  and  that  obedience  to  the 
laws,  which  is  essential  to  good  order.  They  have  sent  the 
spirit  of  discord  through  the  land,  and  I  will  prophecy,  that 
it  will  never  be  extinguished,  but  by  the  extinction  of  their 
power.  Is  the  spirit  of  concord  to  go  hand  in  hand  with  the 
Peace  and  Excise  thro'  this  nation?  Is  it  to  be  expected 
between  an  insolent  Exciseman,  and  a  peer,  gentleman,  free- 
holder, or  farmer,  whose  private  houses  are  now  made  liable 
to  be  entered  and  searched  at  pleasure  ?  Gloucestershire, 
Herefordshire,  and  in  general  all  the  Cyder  countries,  are 
not  surely  the  several  counties  which  are  alluded  to  in  the 
speech.  The  spirit  of  concord  hath  not  gone  forth  among 
them;  but  the  spirit  of  liberty  has,  and  a  noble  opposition  has 
been  given  to  the  wicked  instruments  of  oppression.  A  na- 
tion as  sensible  as  the  English,  will  see  that  a  spirit  of  con- 
cord, when  they  are  oppressed,  means  a  tame  submission  to 
injury,  and  that  a  spirit  of  liberty  ought  then  to  arise,  and  I 
am  sure  ever  will,  in  proportion  to  the  weight  of  the  griev- 
ance they  feel.  Every  legal  attempt  of  a  contrary  tendency 
to  the  spirit  of  concord  will  be  deemed  a  justifiable  resistance, 
warranted  by  the  spirit  of  the  English  constitution. 

A  despotic  minister  will  always  endeavour  to  dazzle  his 
prince  with  high-flown  ideas  of  the  prerogative  and  honour 
of  the  crown,  which  the  minister  will  make  a  parade  of 
firmly  maintaining.  I  wish  as  much  as  any  man  in  the 
kingdom  to  see  the  honour  of  the  crown  maintained  in  a 
manner  truly  becoming  to  Royalty.  I  lament  to  see  it  sunk 
even  to  prostitution.  What  a  shame  was  it  to  see  the  security 
of  this  country,  in  point  of  military  force  complimented  away, 
contrary  to  the  opinion  of  Royalty  itself,  and  sacrificed  to 
the  prejudices  and  to  the  ignorance  of  a  set  of  people,  the 
most  unfit  from  every  consideration  to  be  consulted  on  a 
matter  relative  to  the  security  of  the  house  of  Hanover!  I 
wish  to  see  the  honour  of  the  crown  religiously  asserted  with 
regard  to  our  allies,  and  the  dignity  of  it  scrupulously  main- 
tained with  regard  to  foreign  princes.  Is  it  possible  such  an 
indignity  can  have  happened,  such  a  sacrifice  of  the  honour 
of  the  crown  of  England,  as  that  a  minister  should  already 
have  kissed  his  majesty's  hand  on  being  appointed  to  the 
most  insolent  and  ungrateful  court  in  the  world,  without  a 
previous  assurance  of  that  reciprocal  nomination  which  the 
meanest  court  in  Europe  would  insist  upon,  before  she  pro- 


472  SOURCE-BOOK  OF  ENGLISH  HISTORY 

ceeded  to  an  act  otherwise  so  derogatory  to  her  honour? 
But  Electoral  Policy  has  ever  been  obsequious  to  the  court  of 
Vienna,  and  forgets  the  insolence  with  which  count  Colloredo 
left  England.  Upon  a  principle  of  dignity  and  acconomy, 
lord  Stormont,  a  Scottish  peer  of  the  loyal  house  of  Murray, 
kissed  his  Majesty's  hand  I  think  on  Wednesday  in  the  Easter 
week ;  but  this  ignominious  act  has  not  yet  disgraced  the 
nation  in  the  London  Gazette.  The  ministry  are  not  ashamed 
of  doing  the  thing  in  private;  they  are  only  afraid  of  the 
publication.  Was  it  a  tender  regard  for  the  honour  of  the 
late  king,  or  of  his  present  majesty,  that  invited  to  court  lord 
George  Sackville,  in  these  first  days  of  Peace,  to  share  in  the 
general  satisfaction,  which  all  good  courtiers  received  in  the 
indignity  offered  to  lord  Ligonier,  and  on  the  advancement 
of  —  ?  Was  it  to  show  princely  gratitude  to  the  eminent 
services  of  the  accomplished  general  of  the  house  of  Bruns- 
wic,  who  has  had  so  great  a  share  in  rescuing  Europe  from 
the  yoke  of  France ;  and  whose  nephew  we  hope  soon  to  see 
made  happy  in  the  possession  of  the  most  amiable  princess  in 
the  world  ?  Or,  is  it  meant  to  assert  the  honour  of  the  crown 
only  against  the  united  wishes  of  a  loyal  and  affectionate 
people,  founded  in  a  happy  experience  of  the  talents,  integ- 
rity, and  virtue  of  those,  who  have  had  the  glory  of  redeem- 
ing their  country  from  bondage  and  ruin,  in  order  to  support, 
by  every  art  of  corruption  and  intimidation,  a  weak  dis- 
jointed, incapable  set  of  —  I  will  call  them  any  thing  but 
ministers  —  by  whom  the  Favourite  still  meditates  to  rule 
this  kingdom  with  a  rod  of  iron. 

The  Stuart  line  has  ever  been  intoxicated  with  the  slavish 
doctrines  of  the  absolute,  independent,  unlimited  power  of 
the  crown.  Some  of  that  line  were  so  weakly  advised,  as  to 
endeavour  to  reduce  them  into  practice;  but  the  English 
nation  was  too  spirited  to  suffer  the  least  encroachment  on 
the  ancient  liberties  of  this  kingdom.  The  King  of  England 
is  only  the  first  magistrate  of  this  country;  but  is  invested  by 
law  with  the  whole  executive  power.  He  is,  however,  re- 
sponsible to  his  people  for  the  due  execution  of  the  royal 
functions,  in  the  choice  of  ministers,  etc.,  equally  with  the 
meanest  of  his  subjects  in  his  particular  duty.  The  personal 
character  of  our  present  amiable  sovereign  makes  us  easy 
and  happy  that  so  great  a  power  is  lodged  in  such  hands;  but 
the  favourite  has  given  too  just  cause  for  him  to  escape  the 
general  odium.  The  prerogative  of  the  crown  is  to  exert  the 
constitutional  powers  entrusted  to  it  in  a  way,  not  of  blind 


JOHN  WILKES  473 

favour  and  partiality,  but  of  wisdom  and  judgment.  This  is 
the  spirit  of  our  constitution.  The  people  too  have  their 
prerogative,  and  I  hope,  the  fine  words  of  Dryden  will  be 
engraven  on  our  hearts : 

Freedom  is  the  English  subject's  Prerogative. 

(The  North  Briton,  ed.  Wilkes,  Churchill  and  others,  Lond.,  1772.     No.  45.) 


CHAPTER    XXVIII 


AMERICAN    INDEPENDENCE 


202.  The  Question  of  Taxation 

Gremnllc 

The  American  Colonies,  in  their  opposition  to  taxation  without 
representation,  gave  much  opportunity  for  parliamentary  elo- 
quence. The  resulting  speeches  so  well  epitomise  the  contend- 
ing opinions  of  the  statesmen  of  England  upon  the  current 
question,  that  four  of  them  have  been  selected  to  place  before  the 
reader  the  views  held  by  the  English  nation  at  large.  The  first 
of  these  speeches  was  delivered  by  Mr.  George  Grenville,  who 
had  recently  been  Premier.  Only  a  brief  extract  has  been 
given,  but  that  contains  the  main  argument  of  those  who  fa- 
voured taxation. 

I  cannot  understand  the  difference  between  external  and 
internal  taxes.  They  are  the  same  in  effect,  and  differ  only 
in  name.  That  this  kingdom  has  the  sovereign,  the  supreme 
legislative  power  over  America  is  granted ;  it  cannot  be  de- 
nied; and  taxation  is  a  part  of  that  sovereign  power.  It  is 
one  branch  of  the  legislation.  It  is,  it  has  been,  exercised 
over  those  who  are  not,  who  were  never  represented.  It  is 
exercised  over  the  India  Company,  the  merchants  of  London, 
the  proprietors  of  the  stocks,  and  over  many  great  manufac- 
turing towns.  It  was  exercised  over  the  county  palatine  of 
Chester  and  the  bishopric  of  Durham,  before  they  sent  any 
representatives  to  Parliament.  I  appeal  for  proof  to  the 
preambles  of  the  Acts  which  gave  them  representatives :  one 
in  the  reign  of  Henry  VIII,  the  other  in  that  of  Charles  II. 
When  I  proposed  to  tax  America,  I  asked  the  House  if  any 
gentleman  would  object  to  the  right;  I  repeatedly  asked  it, 
and  no  man  would  attempt  to  deny  it.  Protection  and  obe- 
dience are  reciprocal.  Great  Britain  protects  America ; 
America  is  bound  to  yield  obedience.  If  not,  tell  me  when  the 
Americans  were  emancipated  ?  When  they  want  the  protec- 
tion of  this  kingdom  they  are  always  very  ready  to  ask  for  it. 
That  protection  has  always  been  afforded  them  in  the  most 

474 


AMERICAN  INDEPENDENCE  475 

full  and  ample  manner.  The  nation  has  run  herself  into  an 
immense  debt  to  give  them  their  protection ;  and  now,  when 
they  are  called  upon  to  contribute  a  small  share  toward  the 
public  expense  —  an  expense  arising  from  themselves  —  they 
renounce  your  authority,  insult  your  officers,  and  break  out 
—  I  might  almost  say  —  into  open  rebellion.  The  seditious 
spirit  of  the  colonies  owes  its  birth  to  the  factions  in  this 
House.  Gentlemen  are  careless  of  the  consequences  of  what 
they  say,  provided  it  answers  the  purposes  of  opposition. 
We  were  told  we  trod  on  tender  ground.  We  were  bid  to 
expect  disobedience.  What  is  this  but  telling  the  Americans 
to  stand  out  against  the  law,  to  encourage  their  obstinacy 
with  the  expectation  of  support  from  hence?  "Let  us  only 
hold  out  a  little,"  they  would  say;  "our  friends  will  soon  be 
in  power."  Ungrateful  people  of  America !  Bounties  have 
been  extended  to  them.  When  I  had  the  honour  of  serving 
the  Crown,  while  you  yourselves  were  loaded  with  an  enor- 
mous debt  you  gave  bounties  on  their  lumber,  on  their  iron, 
their  hemp,  and  many  other  articles.  You  have  relaxed  in 
their  favour  the  Act  of  Navigation,  that  palladium  of  the 
British  commerce;  and  yet  I  have  been  abused  in  all  the 
public  papers  as  an  enemy  to  the  trade  of  America.  I  have 
been  particularly  charged  with  giving  orders  and  instruc- 
tions to  prevent  the  Spanish  trade,  and  thereby  stopping  the 
channel  by  which  alone  North  America  used  to  be  supplied 
with  cash  for  remittances  to  this  country.  I  defy  any  man 
to  produce  any  such  orders  or  instructions.  I  discouraged 
no  trade  but  what  was  illicit,  what  was  prohibited  by  an  Act 
of  Parliament.  I  desire  a  West  India  merchant,  well  known 
in  the  city,  a  gentleman  of  character,  may  be  examined.  He 
will  tell  you  that  I  offered  to  do  everything  in  my  power  to 
advance  the  trade  of  America.  I  was  above  giving  an  answer 
to  anonymous  calumnies;  but  in  this  place  it  becomes  one  to 
wipe  off  the  aspersion. 

(British  Orations,  ed.  C.  K.  Adams,  N.  Y.,  1897.   I,  106.) 

203.   The  Policy  of  Conciliation 

Chatham 

Lord  Chatham  was  a  consistent  upholder  of  the  rights  of  the 
American  Colonies  in  their  contention  with  Parliament.  No  one 
saw  more  clearly  than  he  the  possible  consequences  of  persistence 
in  oppression,  and  in  his  most  famous  speech  on  the  subject, 
from  which  we  have  quoted  a  portion,  he  well  sets  forth  the 
grievances  of  the  Americans. 

The  gentleman  asks,  when  were  the  colonies  emancipated? 


4?6  SOURCE-BOOK  OF  ENGLISH  HISTORY 

I  desire  to  know,  when  were  they  made  slaves  ?  But  I  dwell 
not  upon  words.  When  I  had  the  honour  of  serving  his 
Majesty,  I  availed  myself  of  the  means  of  information  which 
I  derived  from  my  office.  I  speak,  therefore,  from  knowl- 
edge. My  materials  were  good.  I  was  at  pains  to  collect, 
to  digest,  to  consider  them;  and  I  will  be  bold  to  affirm  that 
the  profits  to  Great  Britain  from  the  trade  of  the  colonies, 
through  all  its  branches,  is  two  millions  a  year.  This  is  the 
fund  that  carried  you  triumphantly  through  the  last  war. 
The  estates  that  were  rented  at  two  thousand  pounds  a  year, 
threescore  years  ago, are  at  three  thousand  at  present.  Those 
estates  sold  then  from  fifteen  to  eighteen  years'  purchase ;  the 
same  may  now  be  sold  for  thirty.  You  owe  this  to  America. 
This  is  the  price  America  pays  you  for  her  protection.  And 
shall  a  miserable  financier  come  with  a  boast  that  he  can 
bring  "a  pepper-corn"  into  the  exchequer  by  the  loss  of 
millions  to  the  nation  ?  I  dare  not  say  how  much  higher 
these  profits  may  be  augmented.  Omitting  the  immense  in- 
crease of  people,  by  natural  population,  in  the  northern  colo- 
nies, and  the  emigration  from  every  part  of  Europe,  I  am 
convinced  on  other  grounds  that  the  commercial  system  of 
America  may  be  altered  to  advantage.  You  have  prohibited 
where  you  ought  to  have  encouraged.  You  have  encouraged 
where  you  ought  to  have  prohibited.  Improper  restraints 
have  been  laid  on  the  continent  in  favour  of  the  islands.  You 
have  but  two  nations  to  trade  with  in  America.  Would  you 
had  twenty !  Let  acts  of  Parliament  in  consequence  of 
treaties  remain;  but  let  not  an  English  minister  become  a 
custom-house  officer  for  Spain,  or  for  any  foreign  power. 
Much  is  wrong !  Much  may  be  amended  for  the  general 
good  of  the  whole  . . . 

A  great  deal  has  been  said  without  doors  of  the  power,  of 
the  strength  of  America.  It  is  a  topic  that  ought  to  be  cau- 
tiously meddled  with.  In  a  good  cause,  on  a  sound  bottom, 
the  force  of  this  country  can  crush  America  to  atoms.  I  know 
the  valour  of  your  troops.  I  know  the  skill  of  your  officers. 
There  is  not  a  company  of  foot  that  has  served  in  America, 
out  of  which  you  may  not  pick  a  man  of  sufficient  knowledge 
and  experience  to  make  a  governor  of  a  colony  there.  But 
on  this  ground,  on  the  Stamp  Act,  which  so  many  here  will 
think  a  crying  injustice,  I  am  one  who  will  lift  up  my  hands 
against  it. 

In  such  a  cause,  your  success  would  be  hazardous. 
America,  if  she  fell,  would  fall  like  the  strong  man;  she 


AMERICAN  INDEPENDENCE  477 

would  embrace  the  pillars  of  the  State,  and  pull  down  the 
Constitution  along  with  her.  Is  this  your  boasted  peace  — 
not  to  sheathe  the  sword  in  its  scabbard,  but  to  sheathe  it  in 
the  bowels  of  your  countrymen  ?  Will  you  quarrel  with 
yourselves,  now  the  whole  house  of  Bourbon  is  united  against 
you:  while  France  disturbs  your  fisheries  in  Newfoundland, 
embarrasses  your  slave  trade  to  Africa,  and  withholds  from 
your  subjects  in  Canada  their  property  stipulated  by  treaty: 
while  the  ransom  for  the  Manillas  is  denied  by  Spain,  and 
its  gallant  conqueror  basely  traduced  into  a  mean  plunderer; 
a  gentleman  whose  noble  and  generous  spirit  would  do  honour 
to  the  proudest  grandee  of  the  country?  The  Americans 
have  not  acted  in  all  things  with  prudence  and  temper ;  they 
have  been  wronged ;  they  have  been  driven  to  madness  by 
injustice.  Will  you  punish  them  for  the  madness  you  have 
occasioned  ?  Rather  let  prudence  and  temper  come  first 
from  this  side.  I  will  undertake  for  America  that  she  will 
follow  the  example.  There  are  two  lines  in  a  ballad  of 
Prior's,  of  a  man's  behaviour  to  his  wife,  so  applicable  to  you 
and  your  colonies  that  I  cannot  help  repeating  them: 

"  Be  to  her  faults  a  little  blind ; 
Be  to  her  virtues  very  kind." 

Upon  the  whole,  I  will  beg  leave  to  tell  the  House  what  is 
my  opinion.  It  is,  that  the  Stamp  Act  be  repealed  absolutely, 
totally,  and  immediately.  That  the  reason  for  the  repeal  be 
assigned,  namely,  because  it  was  founded  on  an  erroneous 
principle.  At  the  same  time,  let  the  sovereign  authority  of 
this  country  over  the  colonies  be  asserted  in  as  strong  terms 
as  can  be  devised,  and  be  made  to  extend  to  every  point  of 
legislation  whatsoever;  that  we  may  bind  their  trade,  confine 
their  manufactures,  and  exercise  every  power  whatsoever, 
except  that  of  taking  their  money  out  of  their  pockets  with- 
out their  consent. 

(British  Orations,  ed.  cit.,  I,  113.) 

204.    The  Right  to  Tax 

Mansfield 

In  the  speech  from  which  the  following  selections  have  been 
made,  Lord  Mansfield  delivered  a  most  able  argument  upon  the 
purely  legal  aspect  of  the  question  of  taxing  the  colonies.  The 
speech  was  declared  by  one  of  his  opponents  to  be  absolutely  un- 
controvertible  as  an  argument  on  the  law  of  the  question  at 
issue. 

There  can  be  no  doubt,  my  Lords,  but  that  the  inhabitants 


478  SOURCE-BOOK  OF  ENGLISH  HISTORY 

of  the  colonies  are  as  much  represented  in  Parliament  as  the 
greatest  part  of  the  people  of  England  are  represented; 
among  nine  millions  of  whom  there  are  eight  which  have  no 
votes  in  electing  members  of  Parliament.  Every  objection, 
therefore,  to  the  dependency  of  the  colonies  upon  Parliament, 
which  arises  to  it  upon  the  ground  of  representation,  goes  to 
the  whole  present  Constitution  of  Great  Britain,  and  I  sup- 
pose it  is  not  meant  to  new-model  that  too.  People  may 
form  speculative  ideas  of  perfection,  and  indulge  their  own 
fancies  or  those  of  other  men.  Every  man  in  this  country 
has  his  particular  notion  of  liberty;  but  perfection  never  did, 
and  never  can,  exist  in  any  human  institution.  To  what  pur- 
pose, then,  are  arguments  drawn  from  a  distinction  —  in 
which  there  is  no  real  difference  —  of  a  virtual  and  actual 
representation?  A  member  of  Parliament,  chosen  for  any 
borough,  represents  not  only  the  inhabitants  and  constituents 
of  that  particular  place,  but  he  represents  the  inhabitants  of 
every  other  borough  in  Great  Britain.  He  represents  the 
city  of  London  and  all  the  other  commons  of  this  land,  and 
the  inhabitants  of  all  the  colonies  and  dominions  of  Great 
Britain ;  and  is,  in  duty  and  conscience,  bound  to  take  care  of 
their  interests. 

I  have  mentioned  the  customs  and  the  post  tax.  This 
leads  me  to  answer  another  distinction,  as  false  as  the  above : 
the  distinction  of  internal  and  external  taxes.  The  noble 
Lord  who  quoted  so  much  law  and  denied  upon  those  grounds 
the  right  of  the  Parliament  of  Great  Britain  to  lay  internal 
taxes  upon  the  colonies,  allowed  at  the  same  time  that  restric- 
tions upon  trade  and  duties  upon  the  ports  were  legal.  But 
I  cannot  see  a  real  difference  in  this  distinction;  for  I  hold 
it  to  be  true  that  a  tax  laid  in  any  place  is  like  a  pebble  fall- 
ing into  and  making  a  circle  in  a  lake,  till  one  circle  produces 
and  gives  motion  to  another  and  the  whole  circumference  is 
agitated  from  the  centre.  For  nothing  can  be  more  clear 
than  that  a  tax  of  ten  or  twenty  per  cent,  laid  upon  tobacco, 
either  in  the  ports  of  Virginia  or  London,  is  a  duty  laid  upon 
the  inland  plantations  of  Virginia,  a  hundred  miles  from  the 
sea,  wheresoever  the  tobacco  grows. 

I  do  not  deny  but  that  a  tax  may  be  laid  injudiciously  and 
injuriously,  and  that  people  in  such  a  case  may  have  a  right 
to  complain.  But  the  nature  of  the  tax  is  not  now  the  ques- 
tion ;  whenever  it  comes  to  be  one,  I  am  for  lenity.  I  would 
have  no  blood  drawn.  There  is,  I  am  satisfied,  no  occasion 
for  any  to  be  drawn.  A  little  time  and  experience  of  the  in- 


AMERICAN  INDEPENDENCE  479 

conveniences  and  miseries  of  anarchy  may  bring  people  to 
their  senses  . . . 

I  am  far  from  bearing  any  ill-will  to  the  Americans;  they 
are  a  very  good  people,  and  I  have  long  known  them.  I  began 
life  with  them,  and  owe  much  to  them,  having  been  much 
concerned  in  the  plantation  causes  before  the  Privy  Council ; 
and  so  I  became  a  good  deal  acquainted  with  American 
affairs  and  people.  I  dare  say  their  heat  will  soon  be  over, 
when  they  come  to  feel  a  little  the  consequences  of  their 
opposition  to  the  Legislature.  Anarchy  always  cures  itself; 
but  the  ferment  will  continue  so  much  the  longer  while  hot- 
headed men  there  find  that  there  are  persons  of  weight  and 
character  to  support  and  justify  them  here. 

Indeed,  if  the  disturbances  should  continue  for  a  great 
length  of  time,  force  must  be  the  consequence,  an  application 
adequate  to  the  mischief  and  arising  out  of  the  necessity  of 
the  case;  for  force  is  only  the  difference  between  a  superior 
and  subordinate  jurisdiction.  In  the  former  the  whole  force 
of  the  Legislature  resides  collectively,  and  when  it  ceases  to 
reside  the  whole  connection  is  dissolved.  It  will,  indeed,  be 
to  very  little  purpose  that  we  sit  here  enacting  laws  and 
making  resolutions,  if  the  inferior  will  not  obey  them,  or  if 
we  neither  can  nor  dare  enforce  them ;  for  then  —  and  then, 
I  say,  of  necessity  —  the  matter  comes  to  the  sword.  If  the 
offspring  are  grown  too  big  and  too  resolute  to  obey  the 
parent,  you  must  try  which  is  the  strongest,  and  exert  all  the 
powers  of  the  mother  country  to  decide  the  contest. 

I  am  satisfied,  notwithstanding,  that  time,  and  a  wise  and 
steady  conduct,  may  prevent  those  extremities  which  would 
be  fatal  to  both.  I  remember  well  when  it  was  the  violent 
humour  of  the  times  to  decry  standing  armies  and  garrisons 
as  dangerous  and  incompatible  with  the  liberty  of  the  subject. 
Nothing  would  do  but  a  regular  militia.  The  militia  are 
embodied ;  they  march ;  and  no  sooner  was  the  militia  law 
thus  put  into  execution,  but  it  was  then  said  to  be  an  intoler- 
able burden  upon  the  subject,  and  that  it  would  fall,  sooner 
or  later,  into  the  hands  of  the  Crown.  That  was  the  lan- 
guage, and  many  counties  petitioned  against  it.  This  may 
be  the  case  with  the  colonies.  In  many  places  they  begin 
already  to  feel  the  effects  of  their  resistance  to  government. 
Interest  very  soon  divides  mercantile  people ;  and,  although 
there  may  be  some  mad,  enthusiastic,  or  ill-designing  people 
in  the  colonies,  yet  I  am  convinced  that  the  greatest  bulk, 
who  have  understanding  and  property,  are  still  well  affected 


4So  SOURCE-BOOK  OF  ENGLISH  HISTORY 

to  the  mother  country.  You  have,  my  Lords,  many  friends 
still  in  the  colonies ;  and  take  care  that  you  do  not,  by  ab- 
dicating your  own  authority,  desert  them  and  yourselves,  and 
lose  them  forever  . . . 

But,  my  Lords,  I  shall  make  this  application  of  it.  You 
may  abdicate  your  right  over  the  colonies.  Take  care,  my 
Lords,  how  you  do  so;  for  such  an  act  will  be  irrevocable. 
Proceed,  then,  my  Lords,  with  spirit  and  firmness ;  and  when 
you  shall  have  established  your  authority,  it  will  then  be  a 
time  to  show  your  lenity.  The  Americans,  as  I  said  before, 
are  a  very  good  people,  and  I  wish  them  exceedingly  well ; 
but  they  are  heated  and  inflamed.  The  noble  Lord  who 
spoke  before  ended  with  a  prayer.  I  cannot  end  better  than 
by  saying  to  it,  Amen ;  and  in  the  words  of  Maurice,  Prince 
of  Orange,  concerning  the  Hollanders,  "God  bless  this  in- 
dustrious, frugal,  and  well-meaning,  but  easily  deluded 
people !" 

(British  Orations,  ed.  cit.,  I,  161.) 

205.    The  Character  of  the  Colonists 

Burke 

The  great  Irish  orator,  Edmund  Burke,  was  a  warm  advocate 
of  the  American  cause.  In  his  most  noted  speech  on  the  sub- 
ject, he  voiced  the  opinion  general  in  England,  though  not  in 
Parliament,  that  the  love  of  liberty  would  call  the  colonists  to 
great  deeds  if  they  were  driven  to  desperation.  His  words  form 
a  just  and  comprehensive  summing-up  of  the  judgment  of  the 
most  intelligent  Englishmen  of  that  day. 

But  there  is  still  behind  a  third  consideration  concerning 
this  object,  which  serves  to  determine  my  opinion  on  the  sort 
of  policy  which  ought  to  be  pursued  in  the  management  of 
America,  even  more  than  its  population  and  its  commerce  — 
I  mean  its  character  and  temper.  In  this  character  of  the 
Americans  a  love  of  freedom  is  the  predominating  feature, 
which  marks  and  distinguishes  the  whole ;  and,  as  an  ardent 
is  always  a  jealous  affection,  your  colonies  become  suspi- 
cious, restive,  and  untractable,  whenever  they  see  the  least 
attempt  to  wrest  from  them  by  force,  or  shuffle  from  them  by 
chicane,  what  they  think  the  only  advantage  worth  living  for. 
This  fierce  spirit  of  liberty  is  stronger  in  the  English  colo- 
nies, probably,  than  in  any  other  people  of  the  earth ;  and 
this  from  a  variety  of  powerful  causes,  which,  to  understand 
the  true  temper  of  their  minds  and  the  direction  which  this 
spirit  takes,  it  will  not  be  amiss  to  lay  open  somewhat  more 
largely. 


AMERICAN  INDEPENDENCE  481 

First,  the  people  of  the  colonies  are  descendants  of 
Englishmen.  England,  sir,  is  a  nation  which  still,  I  hope, 
respects,  and  formerly  adored,  her  freedom.  The  colonists 
emigrated  from  you  when  this  part  of  your  character  was 
most  predominant;  and  they  took  this  bias  and  direction  the 
moment  they  parted  from  your  hands.  They  are,  therefore, 
not  only  devoted  to  liberty,  but  to  liberty  according  to 
English  ideas  and  on  English  principles.  Abstract  liberty, 
like  many  other  abstractions,  is  not  to  be  found.  Liberty  in- 
heres in  some  sensible  object ;  and  every  nation  has  formed  to 
itself  some  favourite  point  which, by  way  of  eminence, becomes 
the  criterion  of  their  happiness.  It  happened,  you  know,  sir, 
that  the  great  contests  for  freedom  in  this  country  were  from 
the  earliest  times  chiefly  upon  the  question  of  taxation. 
Most  of  the  contests  in  the  ancient  commonwealths  turned 
primarily  on  the  right  of  election  of  magistrates,  or  on  the 
balance  among  the  several  orders  of  the  State.  The  question 
of  money  was  not  with  them  so  immediate.  But  in  England 
it  was  otherwise.  On  this  point  of  taxes  the  ablest  pens  and 
most  eloquent  tongues  have  been  exercised,  the  greatest 
spirits  have  acted  and  suffered.  In  order  to  give  the  fullest 
satisfaction  concerning  the  importance  of  this  point,  it  was 
not  only  necessary  for  those  who  in  argument  defended  the 
excellence  of  the  English  Constitution  to  insist  on  this  priv- 
ilege of  granting  money  as  a  dry  point  of  fact,  and  to  prove 
that  the  right  had  been  acknowledged  in  ancient  parchments 
and  blind  usages  to  reside  in  a  certain  body  called  the  House 
of  Commons;  they  went  much  farther.  They  attempted  to 
prove  —  and  they  succeeded  —  that  in  theory  it  ought  to  be 
so,  from  the  particular  nature  of  a  House  of  Commons  as  an 
immediate  representative  of  the  people,  whether  the  old 
records  had  delivered  this  oracle  or  not.  They  took  infinite 
pains  to  inculcate,  as  a  fundamental  principle,  that  in  all 
monarchies  the  people  must  in  effect  themselves,  mediately 
or  immediately,  possess  the  power  of  granting  their  own 
money,  or  no  shadow  of  liberty  could  subsist.  The  colonies 
draw  from  you,  as  with  their  life-blood,  those  ideas  and  prin- 
ciples. Their  love  of  liberty,  as  with  you,  fixed  and  attached 
on  this  specific  point  of  taxing.  Liberty  might  be  safe  or 
might  be  endangered  in  twenty  other  particulars,  without 
their  being  much  pleased  or  alarmed.  Here  they  felt  its 
pulse;  and  as  they  found  that  beat,  they  thought  themselves 
sick  or  sound.  I  do  not  say  whether  they  were  right  or 
wrong  in  applying  your  general  arguments  to  their  own  case. 


482          SOURCE-BOOK  OF  ENGLISH  HISTORY. 

It  is  not  easy,  indeed,  to  make  a  monopoly  of  theorems  and 
corollaries.  The  fact  is  that  they  did  thus  apply  those  gen- 
eral arguments;  and  your  mode  of  governing  them,  whether 
through  lenity  or  indolence,  through  wisdom  or  mistake,  con- 
firmed them  in  the  imagination  that  they,  as  well  as  you,  had 
an  interest  in  these  common  principles. 

They  were  further  confirmed  in  these  pleasing  errors  by 
the  form  of  their  provincial  legislative  assemblies.  Their 
governments  are  popular  to  a  high  degree;  some  are  merely 
popular ;  in  all,  the  popular  representative  is  the  most 
weighty ;  and  this  share  of  the  people  in  their  ordinary  gov- 
ernment never  fails  to  inspire  them  with  lofty  sentiments  and 
with  a  strong  aversion  from  whatever  tends  to  deprive  them 
of  their  chief  importance  . . . 

Sir,  I  can  perceive  from  their  manner  that  some  gentlemen 
object  to  the  latitude  of  this  description,  because  in  the 
southern  colonies  the  Church  of  England  forms  a  large  body 
and  has  a  regular  establishment.  It  is  certainly  true.  There 
is,  however,  a  circumstance  attending  these  colonies  which, 
in  my  opinion,  fully  counterbalances  this  difference  and 
makes  the  spirit  of  liberty  still  more  high  and  haughty  than 
in  those  to  the  northward.  It  is  that  in  Virginia  and  the 
Carolinas  they  have  a  vast  multitude  of  slaves.  Where  this 
is  the  case  in  any  part  of  the  world,  those  who  are  free  are 
by  far  the  most  proud  and  jealous  of  their  freedom.  Free- 
dom is  to  them  not  only  an  enjoyment,  but  a  kind  of  rank 
and  privilege.  Not  seeing  there  that  freedom,  as  in  countries 
where  it  is  a  common  blessing  and  as  broad  and  general  as 
the  air,  may  be  united  with  much  abject  toil,  with  great 
misery,  with  all  the  exterior  of  servitude,  liberty  looks,  among 
them,  like  something  that  is  more  noble  and  liberal.  I  do  not 
mean,  sir,  to  commend  the  superior  morality  of  this  senti- 
ment, which  has  at  least  as  much  pride  as  virtue  in  it;  but  I 
cannot  alter  the  nature  of  man.  The  fact  is  so ;  and  these 
people  of  the  southern  colonies  are  much  more  strongly,  and 
with  a  higher  and  more  stubborn  spirit,  attached  to  liberty 
than  those  to  the  northward.  Such  were  all  the  ancient  com- 
monwealths ;  such  were  our  Gothic  ancestors ;  such,  in  our 
days,  were  the  Poles ;  and  such  will  be  all  masters  of  slaves 
who  are  not  slaves  themselves.  In  such  a  people  the  haughti- 
ness of  domination  combines  with  the  spirit  of  freedom,  for- 
tifies it,  and  renders  it  invincible. 

(British  Orations,  ed.  cit.,  I,  210. 


CHAPTER   XXIX 

UNION   BETWEEN   GREAT  BRITAIN   AND   IRELAND 
206.    The  Union  Advocated 

Castlereagh 

The  influence  of  Lord  Castlereagh  had  much  to  do  with  ef- 
fecting the  union.  Castlereagh  and  Flood  were  probably  the 
best  hated  men  in  Ireland,  being  looked  upon  as  traitors,  but 
they  exercised  a  power  which  was  undiminished  by  any  personal 
scruples.  That  their  cause  prevailed  was  owing  neither  to  its 
popularity  nor  its  justice,  but  to  the  methods  employed  by  its 
advocates  and  the  English  Government. 

It  is  said,  that  an  union  will  reduce  Ireland  to  the  abject 
state  of  a  colony.  Is  it  by  making  her  a  constituent  part  of 
the  greatest  and  first  empire  in  the  world?  For  my  part,  if 
I  were  to  describe  a  colony,  I  should  picture  a  country  in  a 
situation  somewhat  similar  to  the  present  state  of  Ireland. 
I  should  describe  a  country,  whose  crown  was  dependent  on 
that  of  another  country,  enjoying  a  local  legislature,  but 
without  any  power  intrusted  to  that  legislature  of  regulating 
the  succession  of  that  crown.  I  should  describe  it  as  having 
an  executive  power  administered  by  the  orders  of  a  non- 
resident minister,  irresponsible  to  the  colony  for  his  acts  or 
his  advice;  I  should  describe  it  as  incapable  of  passing  the 
most  insignificant  law  without  the  licence  of  the  minister  of 
another  country;  I  should  describe  it  as  a  country  unknown 
to  foreign  nations  in  the  quality  of  an  independent  state,  and 
as  subject  to  another  power  with  regard  to  all  the  questions 
which  concern  alliances,  the  declaration  and  conduct  of  war, 
or  the  negotiations  for  peace. 

Another  objection  has  been  started,  that  an  imperial  parlia- 
ment cannot  be  possessed  of  such  local  knowledge  of  the 
kingdom  as  is  necessary  for  the  due  encouragement  of  its 
interests.  But  I  ask,  what  is  there  to  prevent  the  representa- 
tives of  Ireland  from  carrying  with  them  to  the  imperial 
parliament  all  their  local  knowledge  of  the  wants  and  inter- 
ests of  Ireland?  And  what  is  there  to  prevent  an  imperial 

483 


484  SOURCE-BOOK  OF  ENGLISH  HISTORY 

parliament  from  attending  as  anxiously  to  the  concerns  of 
this  part  of  the  empire,  as  to  the  concerns  of  the  west  of  Eng- 
land, or  the  affairs  of  Scotland? 

It  has  also  been  asserted,  that  an  union  would  have  the 
effect  of  weakening  the  executive  power  in  Ireland.  Con- 
vinced as  I  am,  that  Ireland  cannot  exist  without  a  strong  ex- 
ecutive power,  and  that  the  lives  and  properties  of  its  loyal  in- 
habitants cannot  be  otherwise  secured,  I  could  not  argue  in 
favour  of  the  advantages  which  are  promised  by  this  measure, 
were  it  to  be  followed  by  such  a  consequence.  But  I  am  so 
confident  of  the  opposite  effect,  that  it  is  upon  this  very  prin- 
ciple of  giving  new  vigor  to  the  executive  power,  and  of 
giving  additional  security  to  the  persons  and  properties  of 
the  inhabitants,  that  I  embrace  the  measure.  It  is  an  union 
alone  that  can  give  us  strength,  by  removing  the  cause  of  our 
weakness.  It  will  take  away  from  the  executive  power  all 
those  jealousies,  which  hang  upon  its  motions  and  prevent 
its  constitutional  effects :  it  will  preclude  the  plausible  in- 
sinuation, that  we  are  governed  by  the  influence  of  a  parlia- 
ment in  which  we  are  not  represented;  that  we  are  directed 
by  the  counsels  of  ministers  who  are  irresponsible ;  that  our 
interests  are  sacrificed  to  those  of  Great  Britain ;  in  short,  it 
will  remove  all  those  constitutional  awkwardnesses  and 
anomalies  which  render  all  the  exertions  of  the  executive 
power  suspected  and  inefficient,  and,  by  rendering  it  un- 
popular, diminish  and  counteract  its  influence. 

There  is  another  objection,  which  has  been  strongly  urged 
and  plausibly  supported.  It  is  this  —  that  our  parliament 
has,  from  the  circumstance  of  its  being  local,  been  able  to 
make  exertions  for  suppressing  the  rebellion,  which  an  im- 
perial parliament  would  not  have  attempted.  I  most  cordially 
admit,  that  the  Irish  parliament  has  most  materially  assisted 
the  government  by  arming  it  with  those  ample  powers  which 
have  been  employed  to  suppress  the  rebellion.  But,  if  it  was 
parliament  that  gave  the  powers,  it  was  the  cabinet  that  em- 
ployed them.  And  I  ask,  by  what  constitutional  scruples 
would  an  imperial  parliament  be  prevented  from  giving  the 
same  powers  in  similar  circumstances,  or  the  ministers  of  the 
empire  be  arrested  in  the  exercise  of  them?  And  is  it  agree- 
able to  common  sense,  or  truth,  that  the  acts  of  the  parlia- 
ment of  the  empire  would  have  less  authority  than  the  acts 
of  only  a  part  of  the  empire? 

It  has  also  been  said,  that  a  local  parliament  alone  could 
have  traced  and  developed  the  conspiracy  which  produced 


GREAT  BRITAIN  AND  IRELAND  485 

the  late  rebellion.  Here  is  a  mistake  in  point  of  fact.  It 
was  not  the  local  parliament,  but  the  executive  government 
which  discovered  the  conspiracy.  It  was  the  government 
that  detected  the  plans  of  the  traitors;  and  it  was  upon  the 
documents  produced  by  the  government  that  the  accurate 
report  of  the  secret  committee  was  formed.  The  merits  of 
the  report  in  disclosing  the  information  as  a  warning  to  the 
public,  after  the  treason  was  detected  and  defeated,  may  be 
ascribed  to  the  parliament;  but  the  discovery  of  the  con- 
spiracy, and  the  suppression  of  the  rebellion,  arose  from  the 
energies  of  the  executive  government . . . 

Having  now  gone  through  the  outline  of  the  plan  with  as 
much  conciseness  as  possible,  I  trust  I  have  proved  to  every 
man  who  hears  me,  that  the  proposal  is  such  an  one  as  is  at 
once  honourable  for  Great  Britain  to  offer,  and  for  Ireland 
to  accept.  It  is  one  which  will  entirely  remove  from  the 
executive  power  those  anomalies  which  are  the  perpetual 
sources  of  jealousy  and  discontent.  It  is  one  which  will 
relieve  the  apprehensions  of  those  who  feared  that  Ireland 
was,  in  consequence  of  an  union,  to  be  burthened  with  the 
debt  of  Britain.  It  is  one  which,  by  establishing  a  fair  prin- 
ciple of  contribution,  tends  to  release  Ireland  from  an  ex- 
pence  of  one  million  in  time  of  war,  and  of  £500,000  in  time 
of  peace.  It  is  one  which  increases  the  resources  of  our 
commerce,  protects  our  manufactures,  secures  to  us  the 
British  market,  and  encourages  all  the  produce  of  our  soil. 
It  is  one  that,  by  uniting  the  ecclesiastical  establishments, 
and  consolidating  the  legislatures  of  the  empire,  puts  an  end 
to  religious  jealousy,  and  removes  the  possibility  of  separa- 
tion. It  is  one  that  places  the  great  question,  which  has  so 
long  agitated  the  country,  upon  the  broad  principles  of  im- 
perial policy,  and  divests  it  of  all  its  local  difficulties.  It  is 
one  that  establishes  such  a  representation  for  the  country,  as 
must  lay  asleep  for  ever  the  question  of  parliamentary  re- 
forms, which,  combined  with  our  religious  divisions,  has 
produced  all  our  distractions  and  calamities. 

(History  of  the  Union  between  Great  Britain  and  Ireland, 
C.  Coote,  Lond.,  1802.    p.  339.) 

207.    Grattan  Opposes  the  Union 

Grattan 

The  projected  union  of  Ireland  with  Great  Britain  provoked 
bitter  hostility  in  the  former  country.  The  adherents  of  the 
measure  were  made  the  objects  of  scathing  invective,  by  the 
press  and  their  parliamentary  opponents.  Of  those  who  most 


486  SOURCE-BOOK  OF  ENGLISH  HISTORY 

strenuously  fought  the  union,  none  stands  higher  than  Henry 
Grattan,  a  portion  of  whose  finest  speech  in  opposition  to  the 
measure  is  given  below. 

I  have  done  with  the  pile  which  the  minister  batters  —  I 
come  to  the  Babel  which  he  builds  —  and,  as  he  throws  down 
without  a  principle,  so  does  he  construct  without  a  founda- 
tion. This  fabric  he  calls  an  union;  and  to  this  his  fabric 
there  are  two  striking  objections.  First,  it  is  no  union  —  it 
is  not  an  identification  of  the  people,  for  it  excludes  the  cath- 
olics :  2dly,  It  is  a  consolidation  of  the  legislatures ;  that  is 
to  say,  it  merges  the  Irish  parliament,  and  incurs  every  ob- 
jection to  an  union,  without  obtaining  the  only  object  which 
an  union  professes:  it  is  an  extinction  of  the  constitution, 
and  an  exclusion  of  the  people.  I  say,  he  excludes  the  cath- 
olics for  ever,  and  for  the  very  reason  which  he  and  his  ad- 
vocates hold  out  as  the  ground  of  expectation  —  that  here- 
after, in  a  course  of  time  (he  does  not  say  when),  if  they 
behave  themselves  (he  does  not  say  how),  they  may  see 
their  case  submitted  to  a  course  of  discussion  (he  does  not 
say  with  what  result  or  determination)  ;  and,  as  the  ground 
for  the  inane  period,  in  which  he  promises  nothing,  in  which 
he  can  promise  nothing,  and  in  which,  if  he  did  promise  much, 
he  would  at  so  remote  a  period  be  able  to  perform  nothing, 
unless  he,  like  the  evil  he  has  accomplished,  be  immortal ;  — 
for  this  inate  sentence,  in  which  he  can  scarcely  be  said  to 
deceive  the  catholic,  or  suffer  the  catholic  to  deceive  him- 
self, he  exhibits  no  other  ground  than  the  physical  inanity  of 
the  catholic  body  accomplished  by  an  union,  which,  as  it 
destroys  the  relative  importance  of  Ireland,  destroys  also  the 
relative  proportion  of  its  catholic  inhabitants,  who  thus 
become  admissible,  because  they  cease  to  be  any  thing. 
Hence,  according  to  him,  their  brilliant  expectation ;  "you 
were,"  say  his  advocates,  and  so  imports  his  argument,  "be- 
fore the  union,  as  three  to  one  —  you  will  be  by  the  union  as 
one  to  four."  -  -  Thus  he  founds  their  hopes  of  political  power 
on  the  extinction  of  physical  consequence,  and  makes  the 
inanity  of  their  body  and  the  non-entity  of  their  country  the 
pillars  of  their  future  ambition.  Let  me  add,  that  even  if 
catholics  should  be  admitted  into  parliament  by  the  articles 
of  union,  it  would  be  of  little  avail  to  the  body.  What  signi- 
fies it  to  the  body,  whether  a  catholic  individual  be  an  in- 
significant unit  in  the  English  parliament  or  in  the  street ; 
in  either  case  he  would  be  nothing  —  he  would  belong  to 


GREAT  BRITAIN  AND  IRELAND  487 

nothing  —  he  would  have  nothing  to  which  he  could  belong 
—  no  country  —  no  Irish  people  —  no  Irish  nation. 

(flistory  of  the  Union  of  the  Kingdoms  of  Great  Britain  and  Ireland, 
C.  Coote,  Lond.,  1802.   p.  322.) 

208.   Act  of  Union  between  Great  Britain  and  Ireland 

Collection  of  Statutes,  Evans 

The  union  between  Great  Britain  and  Ireland  was  the  result 
of  fraud,  trickery,  and  coercion,  combined  with  good  intentions 
and  upright  dealing.  The  union  was  not  popular  at  its  for- 
mation, nor  has  it  ever  become  so.  The  ties  existing  between 
England  and  Ireland  have  from  the  earliest  history  of  the  two 
countries  been  of  the  nature  of  chains.  The  Irish  antagonism 
to  England  has  never  faltered,  though  it  has  changed  in  nature 
and  expression.  Yet  the  union  has  been  maintained  for  more 
than  a  century,  and  is  not  likely  to  become  dissolved  in  the  near 
future. 

UNION  BETWEEN  GREAT  BRITAIN  AND  IRELAND 
(40  GEO.  Ill,  c.  67.    July  2, 1800) 

AN   ACT  FOR  THE   UNION   OF  GREAT  BRITAIN   AND   IRELAND 

(Preamble} 

ARTICLE  I 

That  it  be  the  first  article  of  the  Union  of  the  kingdoms 
of  Great  Britain  and  Ireland,  that  the  said  kingdoms  of 
Great  Britain  and  Ireland  shall,  upon  the  first  day  of  January 
which  shall  be  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  one,  and  for  ever  after,  be  united  into  one  king- 
dom, by  the  name  of  the  United  Kingdom  of  Great  Britain 
and  Ireland;  and  that  the  royal  style  and  titles  appertaining  to 
the  imperial  crown  of  the  said  united  kingdom  and  its  depen- 
dencies; and  also  the  ensigns,  armorial  flags,  and  banners 
thereof,  shall  be  such  as  his  Majesty,  by  his  royal  proclama- 
tion under  the  great  seal  of  the  united  kingdom,  shall  be 
pleased  to  appoint. 

ARTICLE  II 

That  it  be  the  second  article  of  Union,  that  the  succession 
to  the  imperial  crown  of  the  said  united  kingdom,  and  of  the 
dominions  thereunto  belonging,  shall  continue  limited  and 
settled  in  the  same  manner  as  the  succession  to  the  imperial 
crown  of  the  said  kingdoms  of  Great  Britain  and  Ireland  now 
stands  limited  and  settled,  according  to  the  existing  laws,  and 
to  the  terms  of  Union  between  England  and  Scotland. 


488  SOURCE-BOOK  OF  ENGLISH  PI  I  STORY 

ARTICLE  III 

That  it  be  the  third  article  of  Union,  that  the  said  united 
kingdom  be  represented  in  one  and  the  same  Parliament,  to 
be  styled  The  Parliament  of  the  United  Kingdom  of  Great 
Britain  and  Ireland. 

ARTICLE  IV 

That  it  be  the  fourth  article  of  Union,  that  four  Lords 
Spiritual  of  Ireland  by  rotations  of  sessions,  and  twenty-eight 
Lords  Temporal  of  Ireland  elected  for  life  by  the  peers  of 
Ireland,  shall  be  the  number  to  sit  and  vote  on  the  part  of 
Ireland  in  the  House  of  Lords  of  the  Parliament  of  the 
united  kingdom;  and  one  hundred  commoners  (two  for  each 
county  of  Ireland,  two  for  the  city  of  Dublin,  two  for  the  city 
of  Cork,  one  for  the  university  of  Trinity  College,  and  one 
for  each  of  the  thirty-one  most  considerable  cities,  towns,  and 
boroughs)  be  the  number  to  sit  and  vote  on  the  part  of  Ire- 
land in  the  House  of  Commons  of  the  Parliament  of  the 
united  kingdom : 

That  such  Act  as  shall  be  passed  in  the  Parliament  of  Ire- 
land previous  to  the  Union,  to  regulate  the  mode  by  which 
the  Lords  Spiritual  and  Temporal,  and  Commons,  to  serve 
in  the  Parliament  of  the  united  kingdom  on  the  part  of  Ire- 
land, shall  be  summoned  and  returned  to  the  said  Parliament, 
shall  be  considered  as  forming  part  of  the  treaty  of  Union, 
and  shall  be  incorporated  in  the  Act  of  the  respective  Parlia- 
ments by  which  the  said  Union  shall  be  ratified  and  estab- 
lished : 

That  all  questions  touching  the  rotation  or  election  of 
Lords  Spiritual  or  Temporal  of  Ireland  to  sit  in  the  Parlia- 
ment of  the  united  kingdom,  shall  be  decided  by  the  House  of 
Lords  thereof;  and  whenever,  by  reason  of  an  equality  of 
votes  in  the  election  of  any  such  Lords  Temporal,  a  complete 
election  shall  not  be  made  according  to  the  true  intent  of  this 
article,  the  names  of  those  peers  for  whom  such  equality  of 
votes  shall  be  so  given,  shall  be  written  on  pieces  of  paper  of 
a  similar  form,  and  shall  be  put  into  a  glass,  by  the  Clerk 
of  the  Parliaments  at  the  table  of  the  House  of  Lords  whilst 
the  House  is  sitting;  and  the  peer  or  peers  whose  name  or 
names  shall  be  first  drawn  out  by  the  Clerk  of  the  Parlia- 
ments, shall  be  deemed  the  peer  or  peers  elected,  as  the  case 
may  be : 

That  any  person  holding  any  peerage  of  Ireland  now  sub- 
sisting, or  hereafter  to  be  created,  shall  not  thereby  be  dis- 


GREAT  BRITAIN  AND  IRELAND  489 

qualified  from  being  elected  to  serve,  if  he  shall  so  think  fit, 
or  from  serving  or  continuing  to  serve,  if  he  shall  so  think 
fit,  for  any  county,  city,  or  borough  of  Great  Britain,  in  the 
House  of  Commons  of  the  united  kingdom,  unless  he  shall 
have  been  previously  elected  as  above,  to  sit  in  the  House  of 
Lords  of  the  united  kingdom;  but  that  so  long  as  such  peer 
of  Ireland  shall  so  continue  to  be  a  member  of  the  House  of 
Commons,  he  shall  not  be  entitled  to  the  privilege  of  peerage, 
nor  be  capable  of  being  elected  to  serve  as  a  peer  on  the  part 
of  Ireland,  or  of  voting  at  any  such  election;  and  that  he 
shall  be  liable  to  be  sued,  indicted,  proceeeded  against,  and 
tried  as  a  commoner,  for  any  offence  with  which  he  may  be 
charged: 

That  it  shall  be  lawful  for  his  Majesty,  his  heirs  and  suc- 
cessors, to  create  peers  of  that  part  of  the  united  kingdom 
called  Ireland,  and  to  make  promotions  in  the  peerage  there- 
of, after  the  Union;  provided  that  no  new  creation  of  any 
such  peers  shall  take  place  after  the  Union  until  three  of  the 
peerages  of  Ireland,  which  shall  have  been  existing  at  the 
time  of  the  Union,  shall  have  become  extinct;  and  upon 
such  extinction  of  three  peerages,  that  it  shall  be  lawful  for 
his  Majesty,  his  heirs  and  successors,  to  create  one  peer  of 
that  part  of  the  united  kingdom  called  Ireland;  and  in  like 
manner  as  often  as  three  peerages  of  that  part  of  the  united 
kingdom  called  Ireland  shall  become  extinct,  it  shall  be  law- 
ful for  his  Majesty,  his  heirs  and  successors,  to  create  one 
other  peer  of  the  said  part  of  the  united  kingdom;  and  if  it 
shall  happen  that  the  peers  of  that  part  of  the  united  king- 
dom called  Ireland  shall,  by  extinction  of  peerages  or  other- 
wise, be  reduced  to  the  number  of  one  hundred,  exclusive  of 
all  such  peers  of  that  part  of  the  united  kingdom  called  Ire- 
land, as  shall  hold  any  peerage  of  Great  Britain  subsisting 
at  the  time  of  the  Union,  or  of  the  united  kingdom,  created 
since  the  Union,  by  which  such  peers  shall  be  entitled  to  an 
hereditary  seat  in  the  House  of  Lords  of  the  united  kingdom, 
then  and  in  that  case  it  shall  and  may  be  lawful  for  his  Ma- 
jesty, his  heirs  and  successors,  to  create  one  peer  of  that  part 
of  the  united  kingdom  called  Ireland,  as  often  as  any  one  of 
such  one  hundred  peerages  shall  fail  by  extinction,  or  as  often 
as  any  one  peer  of  that  part  of  the  united  kingdom  called 
Ireland  shall  become  entitled,  by  descent  or  creation,  to  an 
hereditary  seat  in  the  House  of  Lords  of  the  united  kingdom ; 
it  being  the  true  intent  and  meaning  of  this  article,  that  at 
all  times  after  the  Union,  it  shall  and  may  be  lawful  for  his 


49°          SOURCE-BOOK  OF  ENGLISH  HISTORY 

Majesty,  his  heirs  and  successors,  to  keep  up  the  peerage  of 
that  part  of  the  united  kingdom  called  Ireland  to  the  number 
of  one  hundred,  over  and  above  the  number  of  such  of  the 
said  peers  as  shall  be  entitled,  by  descent  or  creation,  to  an 
hereditary  seat  in  the  House  of  Lords  of  the  united  kingdom: 

That  if  any  peerage  shall  at  any  time  be  in  abeyance,  such 
peerage  shall  be  deemed  and  taken  as  an  existing  peerage ; 
and  no  peerage  shall  be  deemed  extinct,  unless  on  default  of 
claimants  to  the  inheritance  of  such  peerage  for  the  space  of 
one  year  from  the  death  of  the  person  who  shall  have  been 
last  possessed  thereof;  and  if  no  claim  shall  be  made  to  the 
inheritance  of  such  peerage,  in  such  form  and  manner  as  may 
from  time  to  time  be  prescribed  by  the  House  of  Lords  of  the 
united  kingdom,  before  the  expiration,  of  the  said  period  of 
a  year,  then  and  in  that  case  such  peerage  shall  be  deemed 
extinct;  provided  that  nothing  herein  shall  exclude  any  per- 
son from  afterwards  putting  in  a  claim  to  the  peerage  so 
deemed  extinct ;  and  if  such  claim  shall  be  allowed  as  valid, 
by  judgment  of  the  House  of  Lords  of  the  united  kingdom, 
reported  to  his  Majesty,  such  peerage  shall  be  considered  as 
revived;  and  in  case  any  new  creation  of  a  peerage  of  that 
part  of  the  united  kingdom  called  Ireland,  shall  have  taken 
place  in  the  interval,  in  consequence  of  the  supposed  extinc- 
tion of  such  peerage,  then  no  new  right  of  creation  shall  ac- 
crue to  his  Majesty,  his  heirs  or  successors,  in  consequence 
of  the  next  extinction  which  shall  take  place  of  any  peerage 
of  that  part  of  the  united  kingdom  called  Ireland : 

That  all  questions  touching  the  election  of  members  to  sit 
on  the  part  of  Ireland  in  the  House  of  Commons  of  the 
united  kingdom  shall  be  heard  and  decided  in  the  same  man- 
ner as  questions  touching  such  elections  in  Great  Britain  now 
are,  or  at  any  time  hereafter  shall  by  law  be  heard  and  de- 
cided; subject  nevertheless  to  such  particular  regulations  in 
respect  of  Ireland  as,  from  local  circumstances,  the  Parlia- 
ment of  the  united  kingdom  may  from  time  to  time  deem  ex- 
pedient. 

That  the  qualifications  in  respect  of  property  of  the 
members  elected  on  the  part  of  Ireland  to  sit  in  the  House  of 
Commons  of  the  united  kingdom,  shall  be  respectively  the 
same  as  are  now  provided  by  law  in  the  cases  of  elections  for 
counties  and  cities  and  boroughs  respectively  in  that  part  of 
Great  Britain  called  England,  unless  any  other  provision 
shall  hereafter  be  made  in  that  respect  by  Act  of  Parliament 
of  the  united  kingdom. 


GREAT  BRITAIN  AND  IRELAND  49< 

That  when  his  Majesty,  his  heirs  or  successors,  shall  de- 
clare his,  her,  or  their  pleasure  for  holding  the  first  or  any 
subsequent  Parliament  of  the  united  kingdom,  a  proclama- 
tion shall  issue,  under  the  great  seal  of  the  united  kingdom, 
to  cause  the  Lords  Spiritual  and  Temporal,  and  Commons, 
who  are  to  serve  in  the  Parliament  thereof  on  the  part  of 
Ireland,  to  be  returned  in  such  manner  as  by  any  Act  of 
this  present  session  of  Parliament  of  Ireland  shall  be  pro- 
vided; and  that  the  Lords  Spiritual  and  Temporal  and  Com- 
mons of  Great  Britain  shall,  together  with  the  Lords  Spir- 
itual and  Temporal  and  Commons  so  returned  as  aforesaid 
on  the  part  of  Ireland,  constitute  the  two  Houses  of  Parlia- 
ment of  the  united  kingdom : 

(The  next  clause  provides  for  a  temporary  personnnel  of 
the  first  Parliament  after  the  Union.) 

That  the  Lords  of  Parliament  on  the  part  of  Ireland,  in  the 
House  of  Lords  of  the  united  kingdom,  shall  at  all  times 
have  the  same  privileges  of  Parliament  which  shall  belong 
to  the  Lords  of  Parliament  on  the  part  of  Great  Britain ;  and 
the  Lords  Spiritual  and  Temporal  respectively  on  the  part  of 
Ireland  shall  at  all  times  have  the  same  rights  in  respect  of 
their  sitting  and  voting  upon  the  trial  of  peers,  as  the  Lords 
Spiritual  and  Temporal  respectively  on  the  part  of  Great 
Britain ;  and  that  all  Lords  Spiritual  of  Ireland  shall  have 
rank  and  precedency  next  and  immediately  after  the  Lords 
Spiritual  of  the  same  rank  and  degree  of  Great  Britain,  and 
shall  enjoy  all  privileges  as  fully  as  the  Lords  Spiritual  of 
Great  Britain  do  now  or  may  herafter  enjoy  the  same  (the 
right  and  privilege  of  sitting  in  the  House  of  Lords,  and  the 
privileges  depending  thereon,  and  particulary  the  right  of 
sitting  on  the  trial  of  peers,  excepted)  ;  and  that  the  persons 
holding  any  temporal  peerages  of  Ireland,  existing  at  the 
time  of  the  Union,  shall,  from  and  after  the  Union,  have 
rank  and  precedency  next  and  immediately  after  all  the  per- 
sons holding  peerages  of  the  like  orders  and  degree  in  Great 
Britain,  subsisting  at  the  time  of  the  Union;  and  that  all 
peerages  of  Ireland  created  after  the  Union  shall  have  rank 
and  precedency  with  the  peerages  of  the  united  kingdom,  so 
created,  according  to  the  dates  of  their  creations;  and  that 
all  peerages  both  of  Great  Britain  and  Ireland,  now  subsist- 
ing or  hereafter  to  be  created,  shall  in  all  other  respects,  from 
the  date  of  the  Union,  be  considered  as  peerages  of  the  united 
kingdom ;  and  that  the  peers  of  Ireland  shall,  as  peers  of  the 
united  kingdom,  be  sued  and  tried  as  peers,  except  as  afore- 


492  SOURCE-BOOK  OF  ENGLISH  HISTORY 

said,  and  shall  enjoy  all  privileges  of  peers  as  fully  as  the 
peers  of  Great  Britain;  the  right  and  privilege  of  sitting  in 
the  House  of  Lords,  and  the  privileges  depending  thereon, 
and  the  right  of  sitting  on  the  trial  of  peers,  only  excepted : 

ARTICLE  V 

That  it  be  the  fifth  article  of  Union,  That  the  churches  of 
England  and  Ireland,,  as  now  by  law  established,  be  united 
into  one  Protestant  Episcopal  Church,  to  be  called  The 
United  Church  of  England  and  Ireland ;  and  that  the  doc- 
trine, worship,  discipline,  and  government  of  the  said  united 
church  shall  be,  and  shall  remain  in  full  force  for  ever,  as 
the  same  are  now  by  law  established  for  the  church  of  Eng- 
land ;  and  that  the  continuance  and  preservation  of  the  said 
united  church,  as  the  established  church  of  England  and 
Ireland,  shall  be  deemed  and  taken  to  be  an  essential  and 
fundamental  part  of  the  Union ;  and  that  in  like  manner  the 
doctrine,  worship,  discipline,  and  government  of  the  church 
of  Scotland,  shall  remain  and  be  preserved  as  the  same  are 
now  established  by  law,  and  by  the  Acts  for  the  Union  of  the 
two  kingdoms  of  England  and  Scotland. 

ARTICLE  VI 

That  it  be  the  sixth  article  of  Union,  That  his  Majesty's 
subjects  of  Great  Britain  and  Ireland  shall,  from  and  after 
the  first  day  of  January  one  thousand  eight  hundred  and 
one,  be  entitled  to  the  same  privileges,  and  be  on  the  same 
footing,  as  to  encouragements  and  bounties  on  the  like  ar- 
ticles being  the  growth,  produce,  or  manufacture,  of  either 
country  respectively,  and  generally  in  respect  of  trade  and 
navigation  in  all  ports  and  places  in  the  united  kingdom  and 
its  dependencies ;  and  that  in  all  treaties  made  by  his  Ma- 
jesty, his  heirs  and  successors,  with  any  foreign  power,  his 
Majesty's  subjects  of  Ireland  shall  have  the  same  privileges, 
and  be  on  the  same  footing,  as  his  Majesty's  subjects  of 
Great  Britain: 

(The  remaining  clauses  of  this  article  deal  with  the  duties 
upon  articles  respectively  imported  and  exported  between 
the  kingdoms,  two  schedules  being  given.) 

ARTICLE  VII 

(Provides  that  the  interest  and  sinking  fund  for  the  reduc- 
tion of  the  debt  of  either  kingdom  shall  continue  to  be  sepa- 


GREAT  BRITAIN  AND  IRELAND  493 

rately  defrayed.     Also  provides  for  the  expenditures  of  the 
united  kingdom.) 

ARTICLE  VIII 

(Provides  that  existing  laws  and  courts  of  jurisdiction 
within  the  respective  kingdoms  may  be  altered  at  pleasure  of 
the  united  Parliament.  Also  provides  for  appeal.) 

(Evans'  Collection  of  Statutes,  ed.  cited,  VIII,  462.) 


PART  VIII 

THE  NINETEENTH  CENTURY 


CHAPTER    XXX 

EMANCIPATION 
209.    The  "No-Popery"  Riots 

Wraxall 

The  movement  to  relieve  the  Catholics  of  some  of  the  dis- 
abilities from  which  they  suffered  provoked  violent  opposition 
at  first.  Lord  George  Gordon,  a  fanatic  nobleman,  headed  an 
agitation  which,  had  it  been  more  ably  led,  might  have  worked 
lasting  harm  to  England.  As  it  was,  the  rioters  for  a  time  were 
masters  of  London,  and  their  excesses  alone  prevented  them 
from  inaugurating  a  revolution,  instead  of  a  mere  revolt.  They 
were  finally  overcome  and  dispersed,  and  Lord  George,  the 
instigator  of  the  outrages  committed,  consigned  to  prison.  He 
soon  after  professed  the  Jewish  faith.  He  died  in  prison. 

I  was  personally  present  at  many  of  the  most  tremendous 
effects  of  the  popular  fury,  on  the  memorable  7th  of  June, 
the  night  on  which  it  attained  its  highest  point.  About  nine 
o'clock  on  that  evening,  accompanied  by  three  other  gentle- 
men, who,  as  well  as  myself,  were  alarmed  by  the  accounts 
brought  in  every  moment,  of  the  outrages  committed ;  and  of 
the  still  greater  acts  of  violence  meditated,  as  soon  as  dark- 
ness should  favour  and  facilitate  their  further  progress;  we 
set  out  from  Portland-place,  in  order  to  view  the  scene. 
Having  got  into  a  hackney-coach,  we  drove  to  Bloomsbury- 
square ;  attracted  to  that  spot  by  a  rumour  generally  spread, 
that  lord  Mansfield's  residence,  situated  at  the  north-east 
corner,  was  either  already  burnt,  or  destined  for  destruction. 
Hart  street,  and  Great  Russell  street,  presented,  each,  to  the 
view  as  we  passed,  large  fires  composed  of  furniture  taken 
from  the  houses  of  magistrates,  or  other  obnoxious  individ- 
uals. Quitting  the  coach,  we  crossed  the  square  and  had 
scarcely  got  under  the  wall  of  Bedford  House,  when  we 
heard  the  door  of  lord  Mansfield's  house  burst  open  with 
violence.  In  a  few  minutes,  all  the  contents  of  the  apart- 
ments being  precipitated  from  the  windows,  were  piled  up, 
and  wrapped  in  flames.  A  file  of  foot-soldiers  arriving, 
drew  up  near  the  blazing  pile;  but,  without  either  attempt- 

497 


498  SOURCE-BOOK  OF  ENGLISH  HISTORY 

ing  to  quench  the  fire,  or  to  impede  the  mob,  who  were  in- 
deed far  too  numerous  to  admit  of  their  being  dispersed,  or 
even  intimidated,  by  a  small  detachment  of  infantry.  The 
populace  remained  masters;  while  we,  after  surveying  the 
spectacle  for  a  short  time,  moved  on  into  Holborn,  where  Mr. 
Langdale's  dwelling  house  and  warehouse  afforded  a  more 
appalling  picture  of  devastation.  They  were  altogether  en- 
veloped in  smoke  and  flame.  In  front  had  assembled  an 
immense  multitude  of  both  sexes,  many  of  whom  were  fe- 
males, and  not  a  few  held  infants  in  their  arms.  All  ap- 
peared to  be,  like  ourselves,  attracted  as  spectators  solely  by 
curiosity,  without  taking  any  part  in  the  acts  of  violence. 
The  kennel  of  the  street  ran  clown  with  spirituous  liquors,  and 
numbers  of  the  populace  were  already  intoxicated  with  this 
beverage.  So  little  disposition,  however,  did  they  manifest 
to  riot,  or  pillage,  that  it  would  have  been  difficult  to  con- 
ceive who  were  the  authors  and  perpetrators  of  such  enor- 
mous mischief,  if  we  had  not  distinctly  seen  at  the  windows 
of  the  house,  men,  who  while  the  floors  and  rooms  were  on 
fire,  calmly  tore  down  the  furniture,  and  threw  it  into  the 
street,  or  tossed  it  into  the  flames.  They  experienced  no 
kind  of  opposition,  during  a  considerable  time  that  we  re- 
mained at  the  place ;  but  a  party  of  the  horse  guards  arriving, 
the  terrified  crowd  instantly  began  to  disperse ;  and  we, 
anxious  to  gratify  our  further  curiosity,  continued  our  pro- 
gress on  foot,  along  Holborn,  towards  Fleet  Market. 

I  would  in  vain  attempt  adequately  to  describe  the  spec- 
tacle which  presented  itself,  when  we  reached  the  declivity 
of  the  hill,  close  to  St.  Andrew's  Church.  The  other  house 
and  magazines  of  Mr.  Langdale,  who,  as  a  Catholic,  had  been 
selected  for  the  blind  vengeance  of  the  mob ;  situated  in  the 
hollow,  near  the  north  end  of  Fleet  Market,  threw  up  into 
the  air  a  pinnacle  of  flame  resembling  a  volcano.  Such  was 
the  beautiful  and  brilliant  effect  of  the  allumination,  that  St. 
Andrew's  church  appeared  to  be  almost  scorched  by  the  heat 
of  so  prodigious  a  body  of  fire ;  and  the  figures  on  the  clock 
were  as  distinctly  perceptible  as  at  noon-day.  It  resembled 
indeed  a  tower,  rather  than  a  private  building,  in  a  state  of 
conflagation ;  and  would  have  inspired  the  beholder  with  a 
sentiment  of  admiration  allied  to  pleasure,  if  it  had  been 
possible  to  separate  the  object  from  its  causes  and  its  conse- 
quences. The  wind  did  not  however  augment  its  rage  on 
this  occasion ;  for  the  night  was  serene,  and  the  sky  un- 
clouded, except  when  it  became  obscured  by  the  volumes  of 


EMANCIPATION  499 

smoke,  which,  from  time  to  time  produced  a  temporary  dark- 
ness. The  mob,  which  completely  blocked  up  the  whole 
street  in  every  part,  and  in  all  directions,  prevented  our  ap- 
proaching within  fifty  or  sixty  yards  of  the  building,  but 
the  populace,  though  still  principally  composed  of  persons  al- 
lured by  curiosity,  yet  evidently  began  here  to  assume  a  more 
disorderly  and  ferocious  character.  Troops,  either  horse  or 
foot,  we  still  saw  none ;  nor,  in  the  midst  of  this  combination 
of  tumult,  terror  and  violence,  had  the  ordinary  police  ceased 
to  continue  its  functions. 

While  we  stood  by  the  wall  of  St.  Andrew's  churchyard, 
a  watchman,  with  a  lanthorn  in  his  hand,  passed  us,  calling 
the  hour,  as  if  in  time  of  profound  tranquillity. 

Finding  it  altogether  impracticable  to  force  our  way  any 
further  down  Holborn  Hill,  and  hearing  that  the  Fleet  Prison 
had  been  set  on  fire;  we  penetrated  through  a  number  of 
narrow  lanes,  behind  St.  Andrew's  church,  and  presently 
found  ourselves  in  the  middle  of  Fleet  Market.  Here,  the 
same  destruction  raged,  but  in  a  different  stage  of  its  prog- 
ress. Mr.  Langdale's  houses  were  already  at  the  height  of 
their  demolition :  the  Fleet  Prison  on  the  contrary  was  only 
beginning  to  blaze,  and  the  sparks  or  flaming  particles  that 
filled  the  air,  fell  so  thick  upon  us  on  every  side,  as  to  render 
unsafe  its  immediate  vicinity,  meanwhile  we  began  to  hear 
the  platoons  discharged  on  the  other  side  of  the  river,  to- 
wards St.  George's  Fields;  and  were  informed,  that  a  con- 
siderable number  of  rioters  had  been  killed  on  Blackfriars 
Bridge,  which  was  occupied  by  the  troops.  On  approaching 
it,  we  beheld  the  King's  Bench  Prison  completely  wrapt  in 
flames.  It  exhibited  a  sublime  sight,  and  we  might  be  said 
there  to  stand  in  a  central  point,  from  which  London  offered 
on  every  side,  before,  as  well  as  behind  us,  the  picture  of  a 
city  sacked  and  abandoned  to  a  ferocious  enemy.  The 
shouts  of  the  populace,  the  cries  of  women,  the  crackling 
of  the  fires,  the  blaze  reflected  in  the  stream  of  the  Thames, 
and  the  irregular  firing  which  was  kept  up  both  in  St. 
George's  Fields,  as  well  as  towards  the  quarter  of  the  man- 
sion-house, and  the  bank;  —  all  these  sounds,  or  images 
combined,  left  scarcely  any  thing  for  the  imagination  to  sup- 
ply; presenting  to  the  view  every  recollection,  which  the 
classic  descriptions  in  Virgil,  or  in  Tacitus,  have  impressed 
on  the  mind  in  youth,  but  which  I  so  little  expected  to  see 
exemplified  in  the  capital  of  Great  Britain. 

(Historical  Memoirs  of  my  own  Time,  by  Sir  N.  W.  Wraxall,  Phila.,  1837 
Part  II, 


Soo  SOURCE-BOOK  OF  ENGLISH  HISTORY 


210.   Speech  of  King  George  on  Catholic  Emancipation 

Annual  Register 

For  more  than  a  century  Catholics  had  been  subjected  to  many 
disabilities.  They  were  not  only  excluded  from  holding  civil 
office,  but  every  relation  of  life  was  affected.  The  repressive 
legislation  harassed  the  Catholics  in  the  possession  of  their 
property,  the  education  of  their  children,  and  the  exercise  of 
their  religion.  Such  an  attitude  toward  Catholic  citizens  re- 
sulted in  agitation  looking  toward  emancipation,  a  number  of 
Protestants  joining  in  the  movement.  The  final  conflict  with 
intolerance  was  begun  in  1778,  with  Sir  George  Saville's  measure 
for  the  relief  of  Roman  Catholics.  It  was  carried  on  by  Pitt, 
Grenville,  Grattan,  Canning,  and  other  leaders,  until  in  1829 
came  the  last  struggle,  which  was  to  end  in  Catholic  emancipa- 
tion. The  necessity  of  such  a  measure  had  been  accentuated  by 
the  condition  of  Ireland.  The  King's  Address,  given  below,  was 
the  first  step  in  the  movement  of  the  session.  It  was  a  surprise 
and  disaster  to  the  intolerant  party.  It  aroused  the  bitterest 
invective;  but  the  majority,  Protestants  as  well  as  Catholics, 
welcomed  the  promise  of  support  which  it  bore,  and  which 
alone  their  cause  had  lacked  for  success. 


My  Lords  and  Gentlemen : 

The  state  of  Ireland  has  been  the  object  of  His  Majesty's 
continued  solicitude. 

His  Majesty  laments  that  in  that  part  of  the  United  King- 
dom an  Association  should  still  exist,  which  is  dangerous 
to  the  public  peace,  and  inconsistent  with  the  spirit  of  the 
Constitution;  which  keeps  alive  discord  and  ill-will  amongst 
His  Majesty's  subjects;  and  which  must,  if  permitted  to  con- 
tinue, effectually  obstruct  every  effort  permanently  to  im- 
prove the  condition  of  Ireland. 

His  Majesty  confidently  relies  on  the  wisdom  and  on  the 
support  of  his  parliament;  and  His  Majesty  feels  assured 
that  you  will  commit  to  him  such  powers  that  may  enable  His 
Majesty  to  maintain  his  just  authority. 

His  Majesty  recommends  that,  when  his  essential  object 
shall  have  been  accomplished,  you  should  take  into  your 
deliberate  consideration  the  whole  condition  of  Ireland,  and 
that  you  should  review  the  laws  which  impose  civil  dis- 
abilities on  His  Majesty's  Roman  Catholic  subjects. 

You  will  consider  whether  the  removal  of  these  disabilities 
can  be  effected  consistently  with  the  full  and  permanent 
security  of  our  establishments  in  church  and  state,  with  the 
maintenance  of  the  reformed  religion  established  by  law, 
and  of  the  rights  and  privileges  of  the  bishops  and  of  the 


EMANCIPATION  501 

clergy  of  this  realm,  and  of  the  churches  committed  to  their 
charge. 

These  are  institutions  which  must  ever  be  held  sacred  in 
this  Protestant  kingdom,  and  which  it  is  the  duty  and  deter- 
mination of  his  Majesty  to  preserve  inviolate. 

His  Majesty  most  earnestly  recommends  to  you  to  enter 
upon  the  consideration  of  a  subject  of  such  paramount  im- 
portance, deeply  interesting  to  the  best  feelings  of  his  people, 
and  involving  the  tranquillity  and  concord  of  the  United 
Kingdoms,  with  the  temper  and  the  moderation  which  will 
best  ensure  the  successful  issue  of  your  deliberations. 

(Annual  Register,  1829,  v.  71,  5.) 

ax i.    Speech  of  the  Attorney-General  against  the  Catholic 
Emancipation  Bill 

Annual  Register 

The  opponents  of  the  Emancipation  Bill  were  not  entirely  in- 
fluenced by  religious  intolerance.  The  relation  of  Church  and 
State  was  considered  by  many  a  very  buckler  of  English  in- 
dependence, and  any  measure  likely  to  weaken  the  influence  of 
the  Church  of  England  was  thought  by  them  to  be  dangerous 
to  the  welfare  of  the  realm.  The  following  speech,  though  in- 
temperate in  its  language,  well  sums  up  the  main  arguments  of 
the  opponents  of  the  Bill. 

. . .  When  he,  the  Attorney-general  of  the  king,  was  called 
on  to  frame  an  act  of  parliament,  it  was  not  unnatural  that 
he  should  look,  as  a  lawyer,  to  a  higher  authority  than  him- 
self, namely  the  lord  Chancellor.  How  could  the  Attorney- 
general  prepare  a  bill,  which  the  lord  Chancellor  had  de- 
clared would  subvert  the  Protestant  church  of  England?  and 
he  thought  he  was  placing  himself  under  a  strong  shield, 
when  he  took  his  position  behind  the  buckler  of  lord  Chancel- 
lor Lyndhurst.  "When  my  attention  was  drawn  to  the  fram- 
ing of  this  bill,  I  felt  it  my  duty  to  look  over  the  oath  taken 
by  the  lord  Chancellor,  as  well  as  that  taken  by  the  Attorney- 
general;  and  it  was  my  judgment,  right  or  wrong,  that,  when 
desired  to  frame  this  bill,  I  was  called  to  draw  a  bill  sub- 
versive of  the  Protestant  church,  which  his  Majesty  was 
bound  by  his  coronation  oath  to  support.  If  his  Majesty 
chose  to  dispense  with  the  obligations  of  the  coronation  oath, 
he  might  do  so,  but  I  would  do  no  act  to  put  him  in  jeop- 
ardy. These  are  the  grounds  on  which  I  refused,  and  would 
refuse  a  hundred  times  over,  to  put  one  line  to  paper  of  what 
constitutes  the  atrocious  bill  now  before  the  House.  Hun- 
dreds of  those  who  now  listen  to  me  must  remember  the 


502  SOURCE-BOOK  OF  ENGLISH  HISTORY 

able,  valuable,  and  impressive  speech  delivered  two  years 
ago  by  the  present  lord  Chancellor,  then  Master  of  the  Rolls, 
and  a  member  of  this  House.  It  will  also  be  in  the  recollec- 
tion of  hundreds  that  that  eminent  individual,  than  whom 
none  is  more  acute  in  reasoning,  more  classical  in  language, 
and  more  powerful  in  delivery,  then  Master  of  the  Rolls,  but 
now  lord  Chancellor,  quarrelled  with  the  late  Mr.  Canning 
on  this  very  subject.  Am  I  then  to  blame  for  refusing  to  do 
that  in  the  subordinate  office  of  Attorney-general,  which  a 
more  eminent  adviser  of  the  Crown,  only  two  years  ago,  de- 
clared, he  would  not  consent  to  do?  Am  I,  then,  to  be  twit- 
ted, taunted,  and  attacked?  I  dare  them  to  attack  me.  I 
have  no  speech  to  eat  up.  I  have  no  apostacy  disgracefully 
to  explain.  I  have  no  paltry  subterfuge  to  resort  to.  I  have 
not  to  say  that  a  thing  is  black  one  day,  and  white  another. 
I  have  not  been  in  one  year  a  Protestant  Master  of  the  Rolls, 
and  in  the  next  a  Catholic  lord  Chancellor.  I  would  rather 
remain  as  I  am,  the  humble  member  for  Plympton,  than  be 
guilty  of  such  apostacy  —  such  contradiction  • —  such  unex- 
plainable  conversion  —  such  miserable,  contemptible  apos- 
tacy." 

The  Attorney-general  then  entered  into  an  examination 
of  the  bill  itself,  which,  he  said,  he  was  doubtful  whether 
members  understood.  It  contained  an  oath  to  be  taken,  instead 
of  the  present  oaths  of  abjuration  and  supremacy  which  had 
excluded  the  Catholics.  But  there  was  no  provision  in  the 
bill  which  confined  this  oath  to  Catholics.  It  was  an  oath 
which  any  man  might  take,  whether  Catholic  or  not.  A  per- 
son, who  was  not  a  Catholic,  might,  by  taking  it,  enjoy  the 
privileges  of  a  Catholic.  The  oath  ought  to  have  stated,  "I 
am  a  Catholic,  and  swear  so  and  so."  But  the  bill  did  not 
require  any  such  declaration.  He  supposed  that  this  was  an 
imitation  of  James  the  Second's  scheme  of  liberty  of  con- 
science. 

Peel  and  Co.  were  supported  on  the  principles  of  James  II. 
For  the  effect  of  the  oath  was,  that  any  man  might  gain  ad- 
mission to  office,  or  to  the  House  of  Commons;  whereas  he 
understands  the  object  of  the  alteration  to  be,  that  only  those, 
who  swore  they  were  Catholics,  were  to  be  permitted  to 
take  the  oath.  Another  clause  supposed  that  a  man,  who  was 
a  Catholic,  might  be  prime  minister ;  it  gave  a  general  capacity 
to  office.  All  offices,  said  the  bill,  are  open  to  Catholics, 
with  one  or  two  exceptions ;  ecclesiastical  appointments,  how- 
ever, were  to  be  separated  from  the  patronage,  and  vested  in 


EMANCIPATION  503 

commissions.  Now,  Catholics  had  never  manifested  an  un- 
ambitious temper,  and  a  Catholic  prime  minister  would  never 
be  satisfied  with  this  retrenchment  of  his  privileges.  And 
who  was  to  appoint  the  commissioners?  Why,  a  Protestant 
lord  Chancellor,  lord  Lyndhurst.  The  lord  Chancellor  would 
have  the  appointment  to  ecclesiastical  places ;  but  was  this 
sufficient  security?  Lord  Shaftesbury  was  a  Protestant 
chancellor,  and  so  was  lord  Jeffries.  Was  the  conduct  of 
Jeffries  to  the  bishops  forgotten?  —  a  riian  who,  though  a 
Protestant,  was  as  great  an  enemy  to  Protestants,  and  as 
adverse  to  admitting  them  to  power,  as  Father  Peter  himself. 
The  protection  of  the  Great  Seal  was  as  little  to  be  relied  on 
as  in  the  reign  of  Charles  II.,  when  lord  Shaftesbury  was 
chancellor,  or  in  that  of  James  II.,  when  Jeffries  filled  that 
office.  There  might  come  a  time,  when  no  security  would  be 
found  in  the  character  of  a  lord  Chancellor.  And  who  would 
the  commissioners  select?  Would  they  select  Protestants 
who  would,  or  those  who  would  not,  apostatize.  According 
to  the  bill,  any  Catholic,  who  took  ecclesiastical  preferment, 
was  guilty  of  a  misdemeanour,  and  could  hold  his  office  no 
longer;  and  again,  any  Catholic,  who  advised  His  Majesty 
respecting  the  appointment  to  an  ecclesiastical  office,  was 
subject  to  the  same  penalty.  Might  he  be  permitted  to  ask 
who  drew  that  clause?  the  very  clause,  which  created  the 
offence,  contained  an  absolute  prevention  of  a  conviction  for 
that  offence.  The  church  of  Ireland  was  protected  by  a 
flimsy  sort  of  security  in  the  bill.  None  of  the  dignities  of 
the  Romish  church  were  to  be  permitted,  eo  nomine,  to  hold 
English  titles,  as  nominees  of  the  pope;  but  these  titles  might 
be  held  by  virtue  of  a  money  medium ;  a  50  I  bank  note  would 
enable  Dr.  Doyle,  or  Dr.  Curtis,  or  any  other,  to  sport  Catho- 
lic titles.  The  bill  forbade  this,  except  upon  the  payment 
of  50  I.,  which  was  all  the  penalty  inflicted.  There  was  no 
penalty  in  the  act  higher  than  200  I.,  so  that,  in  fact,  the 
whole  protection  of  the  British  constitution  consisted  in  pen- 
alties of  50  /.,  loo  L,  and  200  /.  No  control  over  the  see  of 
Rome;  none  over  the  nomination  of  the  bishops;  nothing 
after  the  passing  of  this  bill  in  the  way  of  security  for  the 
Protestant  establishment  —  but  those  penalties  of  50  L,  100  L, 
and  200  /.  This  was  the  declared  value  of  the  Protestant 
constitution  of  the  empire  in  current  coin.  When  this  bill 
was  dissected  and  anatomized,  it  destroyed  itself.  It  ad- 
mitted the  danger,  and  yet  provided  no  security  for  Prot- 
estants. He  would  not  have  condescended  to  stultify  him- 


504  SOURCE-BOOK  OF  ENGLISH  HISTORY 

self  by  the  composition  of  such  a  bill.  He  refused  to  draw 
it  up.  The  folly  and  the  contradictions  be  upon  the  heads 
of  those  who  drew  it.  They  might  have  turned  him  out  of 
office ;  but  he  would  not  be  made  such  a  dirty  tool  as  to  draw 
that  bill.  Let  who  would,  he  would  not  defile  pen,  or  waste 
paper,  by  such  an  act  of  folly,  and  forfeit  his  character  for 
common  sense  and  honesty.  He  had,  therefore,  declined  to 
have  anything  to  do  with  it. 

{Annual  Register,  for  iSzt),  vol.  71,  p.  55.) 

212.    Speech  of  Lord  Plunkett  for  the  Emancipation  Bill 

Annual  Register 

The  speeches  made  in  favour  of  the  Emancipation  Bill  are 
in  general  far  more  dignified  and  logical  than  those  of  its  op- 
ponents. The  supporters  of  the  measure  rested  their  cause  upon 
the  argument  of  the  inalienable  right  of  every  man  to  citizen- 
ship and  equality  under  the  law ;  and  they  buttressed  their  case 
with  historical  as  well  as  polemical  arguments.  The  speech 
which  follows  is  indicative  of  the  general  attitude  of  the  friends 
of  emancipation. 

Lord  Plunkett  said,  that  he  had  reserved  himself  for  the 
purpose  of  hearing  the  unanswerable  arguments  against  the 
bill,  which  lord  Eldon  on  former  occasions  had  threatened 
he  would  produce  when  the  measure  was  fairly  before  the 
House. 

As  that  noble  and  learned  lord,  however,  had  brought  forth 
nothing  but  the  ipse  dixit  of  his  own  authority,  unsustained 
either  by  ingenious  argument,  by  historical  deduction,  or  by 
an  appeal  to  public  and  authenticated  documents,  he  felt  him- 
self so  far  absolved  from  the  necessity  of  refuting  anticipated 
arguments  for  which  he  had  prepared  himself,  that  he  would 
address  his  observations  more  particularly  to  the  position 
that  the  bill  was  calculated  to  subvert  the  Protestant  consti- 
tution. 

According  to  lord  Eldon,  the  established  principle  of  the 
Reformation  had  been  to  exclude  Roman  Catholics  from  Par- 
liament and  from  offices;  and  therefore  it  was  that  the  Oath 
of  Supremacy  was  framed.  Now  the  5th  of  Elizabeth  did 
not  go  so  far  as  to  exclude  Roman  Catholics  from  sitting  in 
that  House,  and  not  only  was  there  an  exception  as  to  the 
House  of  Peers,  but  the  reason  of  the  exception  was  stated. 
The  reason  was  this  —  because  the  queen  was  otherwise  as- 
sured, not  of  the  religion,  but  of  the  loyalty  of  such  Roman 
Catholics  as  were  peers  of  Parliament.  Then  the  Oath  of 
Supremacy  was  a  test,  not  of  religion,  but  of  loyalty.  The 


EMANCIPATION  505 

members  of  the  lower  House  were  called  upon  to  take  the 
oath.  It  was  the  policy  of  Elizabeth  to  gain  the  Catholics; 
and  for  that  purpose  she  changed  the  Articles  and  the  Liturgy 
of  the  Church  of  England,  as  framed  by  Edward  6th,  and 
adopted  the  communion  service,  to  suit  the  Roman  Catholics, 
and  to  enable  them  to  join  in  communion  with  the  Prot- 
estants. Passages,  containing  an  expressed  denial  of  the 
real  presence,  were  expunged;  and  for  thirteen  years  after 
the  Reformation  did  the  Roman  Catholics  take  the  Oath  of 
Supremacy,  and  join  in  communion  with  the  Church  of  Eng- 
land. They  continued  to  be  admitted  to  all  the  offices  of 
the  state  till  towards  the  latter  end  of  the  reign  of  the 
Stuarts.  The  Roman  Catholics  then  became  suspected,  not 
on  account  of  their  religion,  but  owing  to  their  supposed  ad- 
herence to  the  designs  of  the  throne.  The  throne  became 
first  disaffected  to  the  liberties  of  the  subject;  and  from 
the  reign  of  Charles  ist  the  Roman  Catholics  came  to  be  con- 
sidered as  enemies  to  the  state  through  their  adherence  to 
the  king.  In  a  subsequent  reign  the  king  himself  was  a 
Catholic ;  and,  the  throne  being  thus  a  convert  to  their  re- 
ligion, and  making  inroads  upon  the  public  liberty,  the  Roman 
Catholics  became  more  and  more  suspected ;  and,  in  point 
of  fact,  though  not  of  law,  they  were  very  generally  ex- 
cluded from  Parliament  in  the  reign  of  Charles  2nd  because 
the  people  were  prejudiced  against  them.  Till  the  25th 
Charles  2nd,  the  Roman  Catholics  had  contrived  occasionally 
to  get  into  Parliament ;  and  how  did  the  Protestant  leaders 
get  them  out  of  the  House  of  Commons,  as  they  took  the 
Oath  and  Declaration?  Why,  they  brought  into  operation 
the  law  against  recusancy,  which  prohibited  persons  con- 
victed of  recusancy  from  coming  within  ten  miles  of  the 
cities  of  London  and  Westminster,  and  thus  effectually  pre- 
vented them  from  doing  duty  in  Parliament.  They  therefore 
got  a  conviction  of  recusancy,  and  then  called  for  a  new  writ. 
This  was  a  decisive  proof  that,  before  the  3Oth  of  Charles 
2nd,  there  was  nothing  to  prevent  the  Roman  Catholics  from 
sitting  in  Parliament.  That  statute  itself  contained  two  en- 
actments, —  the  first,  that  Roman  Catholics  should  not  sit 
in  Parliament  without  making  the  Declaration,  and  the 
second  that  persons  not  making  the  Declaration  should  be 
excluded  from  access  to  the  king.  There  was  a  third  enact- 
ment, which  banished  such  persons  ten  miles  from  the  cities 
of  London  and  Westminster.  This  was  a  law  of  the  land; 
and  what  had  become  of  that  law  ?  That  member  of  it,  which 


5?6  SOURCE-BOOK  OF  ENGLISH  HISTORY 

related  to  the  penalties  against  recusancy,  was  gone;  for  all 
the  laws  relating  to  recusancy  had  been  repealed.  Then  the 
enactment  as  to  access  to  the  king,  that  had  also  been  repealed. 
So  here  was  a  limb  of  this  immortal  law  lopped  off ;  leaving 
only  the  mutilated  bust  of  Titus  Gates  to  represent  this  im- 
mortal statute,  till  the  act  of  William  3rd.  He  would  not 
pretend  that  there  might  not  be  good  reason  for  enacting  it, 
or  that  the  Catholics  might  not  be  dangerous,  or  that  they 
ought  not  to  have  been  excluded  from  office  owing  to  their 
adherence  to  the  dangerous  designs  of  the  Crown.  But  what 
was  meant  by  saying  that  that  law  was  consummated  at  the 
Revolution  ?  Was  that  act  of  3Oth  Charles  2nd  incorporated 
in  the  Bill  of  Rights?  No  such  thing.  Did  the  Bill  of 
Rights  trouble  itself  with  all  the  trumpery  of  the  invocation 
of  saints  and  transubstantiation?  No  such  thing.  The  fram- 
ers  of  that  bill  thought  only  of  settling  the  principles  of  the 
constitution  so  far  as  they  had  been  invaded,  and  they  had  not 
room  in  their  heads  for  the  consideration  of  such  things  as 
these.  They  scouted  such  trash  and  trumpery,  whilst  they 
were  intent  upon  securing  the  rights  and  liberties  of  their 
fellow-subjects  which  had  been  invaded  by  the  Crown.  These 
wise  and  great  men  were  no  system-mongers,  no  grinders  of 
theories  or  dogmas,  but  sound  and  practical  statesmen ;  and 
no  light  toil  had  they  incurred.  There  were  thirteen  particu- 
lars stated.  The  Bill  of  Rights  did  not  say,  upon  abstract 
principle,  that  the  Church  and  State  are  necessarily  Prot- 
estants, but  it  stated  —  "Whereas  it  has  been  found  by  ex- 
perience that  it  is  necessary  to  the  safety  and  welfare  of  this 
Protestant  kingdom  that  the  throne  should  be  unalterably 
Protestant:"  and  it  then  goes  on  to  enact,  that,  should  the 
king  become  a  Papist,  or  marry  a  Papist,  he  should  thereby 
forfeit  his  title  to  the  throne,  it  being  found  by  experience 
that  such  a  security  was  necessary  for  this  Protestant  king- 
dom. He  had  been  asked,  whether  this  was  a  Protestant 
kingdom;  he  had  been  asked  triumphantly,  was  this  not  a 
Protestant  government,  a  Protestant  Parliament  ?  In  one 
sense  he  admitted  it  was  a  Protestant  kingdom,  but  did  not 
exclude  Papists.  So  he  admitted  that  the  Parliament  was 
essentially  and  predominantly  Protestant,  and  in  that  sense, 
but  in  no  other,  the  Parliament  was  Protestant.  The  act  of 
ist  of  William  3rd  forbade  Papists  to  carry  arms;  this  was 
considered  as  necessary  to  the  security  of  this  Protestant 
state.  The  principle  of  that  act  was  transferred  to  the  Bill 
of  Rights,  which  recognized  the  claim  of  the  Protestants  to 


EMANCIPATION  507 

carry  arms,  but  did  not  refer  to  the  right  of  the  Roman  Cath- 
olics to  carry  arms.  Those,  who  argued  by  inference,  took 
advantage  of  this;  but  it  so  happened  that  throughout  the 
Bill  of  Rights  this  was  the  only  passage  the  construction  of 
which  was  hostile  to  the  Roman  Catholics;  and  this  was  the 
only  passage  in  it  which  had  been  repealed.  It  had  been 
repealed  by  an  act  of  George  2nd,  which  also  repealed  the 
law  by  which  Roman  Catholics  were  forbidden  access  to  the 
throne.  By  the  law  previous  to  3Oth  Charles  2nd,  no  person 
could  be  admitted  into  the  army  unless  he  had  previously 
taken  the  Oath  of  the  Declaration ;  but  by  that  act,  he  could 
take  the  oath  subsequent  to  taking  the  commission.  Then 
came  the  act  of  William,  saying  that  that  provision  was  not 
a  sufficient  security,  and  that  the  oath  must  be  taken  pre- 
viously. Then  the  present  law  precisely  and  practically 
repealed  the  act  of  William,  for  it  restored  the  mattter  to  the 
state  it  was  in  at  the  period  of  the  25th  Charles  2nd ;  and  the 
act,  for  which  lord  Eldon  had  told  their  lordships  he  was 
responsible,  had  taken  greater  liberties  with  the  Bill  of  Rights 
than  the  noble  duke  had  done.  Their  lordships  probably  had 
not  been  apprised,  when  the  act  of  1817  passed,  that  they 
were  repealing  the  act  of  king  William.  The  act  recited, 
"Whereas  by  certain  laws  now  in  existence,  there  were 
sundry  embarrassments  in  respect  to  the  oaths  taken  by  the 
army  and  navy,"  —  and,  in  order  to  clear  up  doubts,  and  to 
assimilate  one  to  the  other,  it  enacted  that  the  oaths  pre- 
scribed by  the  former  act  need  not  be  taken.  Thus  was  there 
an  utter  abandonment  of  the  act  of  William,  and  that  too 
without  providing  any  oath  or  security  in  its  stead.  The 
present  bill  did  not  give  the  Roman  Catholics  any  benefit 
without  an  oath,  an  oath  too,  which  combined  in  its  language 
every  possible  security  that  such  a  form  could  afford;  but 
under  the  act  of  the  noble  and  learned  lord,  the  provisions 
of  king  William's  act  were  done  away,  and  not  even  an  oath 
was  substituted  in  their  stead. 

(Annual  Register  for  1829,  vol.  71,  p.  93.) 

213.    The  Duke  of  Wellington  on  Emancipation 

Annual  Register 

The  attitude  of  the  Ministry  was  set  forth  in  a  brief  speech 
by  the  duke  of  Wellington  at  the  close  of  the  debate.  While 
there  is  little  in  the  utterance  beyond  a  personal  explanation  of 
the  secrecy  maintained,  it  is  inserted  as  being  the  final  word 
on  the  great  question  which  had  for  so  many  years  troubled  the 
heart  of  England. 


508  SOURCE-BOOK  OF  ENGLISH  HISTORY 

The  debate  was  closed  by  a  brief  reply  from  the  duke  of 
Wellington.  The  apprehended  danger  to  the  Irish  Church 
from  the  admission  of  a  few  Catholics  into  Parliament,  he 
treated  as  futile,  considering  that  the  throne  would  be  filled 
by  a  Protestant.  Moreover,  a  fundamental  article  of  the 
Union  between  the  two  countries  was  the  union  of  the  two 
Churches;  and  it  was  impossible  that  any  mischief  could 
happen  to  the  Irish  branch  of  this  united  Church,  without 
destroying  the  union  of  the  two  countries.  "A  different 
topic,"  said  his  grace,  "to  which  I  wish  to  advert,  is  a  charge 
brought  against  several  of  my  colleagues,  and  also  against 
myself,  by  the  noble  earl  on  the  cross-bench,  of  a  want  of 
consistency  in  our  conduct.  My  lords,  I  admit  that  many  of 
my  colleagues,  as  well  as  myself,  did  on  former  occasions 
vote  against  a  measure  of  a  similar  description  with  this ; 
and,  my  lords,  I  must  say,  that  my  colleagues  and  myself  felt, 
when  we  adopted  this  measure,  that  we  should  be  sacrificing 
ourselves  and  our  popularity  to  that  which  we  felt  to  be  our 
duty  to  our  sovereign  and  our  country.  We  knew  very  well, 
that  if  we  put  ourselves  at  the  head  of  the  Protestant  cry  of 
'No  Popery/  we  should  be  much  more  popular  even  than 
those  who  had  excited  against  us  that  very  cry.  But  we  felt 
that  in  so  doing  we  should  have  left  on  the  interests  of  the 
country  a  burthen  which  must  end  in  bearing  them  down,  and 
further  that  we  should  have  deserved  the  hate  and  execration 
of  our  countrymen.  Then  I  am  accused,  and  by  a  noble  and 
learned  friend  of  mine,  of  having  acted  with  great  secrecy 
respecting  this  measure.  Now  I  beg  to  tell  him,  that  he  has 
done  that  to  me  in  the  course  of  this  discussion  which  he 
complains  of  others  having  done  to  him;  —  in  other  words, 
he  has,  in  the  language  of  a  right  hon.  friend  of  his  and 
mine,  thrown  a  large  paving-stone  instead  of  throwing  a 
small  pebble.  I  say,  that  if  he  accuses  me  of  acting  with 
secrecy  on  this  question,  he  does  not  deal  with  me  altogether 
fairly.  He  knows  as  well  as  I  do  how  the  Cabinet  was  con- 
structed on  this  question;  and  I  ask  him,  had  I  any  right  to 
say  a  single  word  to  any  man  whatsoever  upon  this  measure, 
until  the  person  most  interested  in  the  kingdom  upon  it  had 
given  his  consent  to  my  speaking  out?  Before  he  accused 
me  of  secrecy,  and  of  improper  secrecy  too,  he  ought  to  have 
known  the  precise  day  upon  which  I  received  the  permission 
of  the  highest  personage  in  the  country,  and  had  leave  to 
open  my  mouth  upon  this  measure.  There  is  another  point 
also  on  which  a  noble  earl  accused  me  of  misconduct;  and 


EMANCIPATION  509 

that  is,  that  I  did  not  at  once  dissolve  the  Parliament.  Now 
I  must  say  that  I  think  noble  lords  are  mistaken  in  the  notion 
of  the  benefits  which  they  think  that  they  would  derive  from 
a  dissolution  of  Parliament  at  this  crisis.  I  believe  that 
many  of  them  are  not  aware  of  the  consequences  and  of  the 
inconveniences  of  a  dissolution  of  Parliament  at  any  time. 
But  when  I  know,  as  I  did  know,  and  as  I  do  know,  the  state 
of  the  elective  franchise  in  Ireland,  —  when  I  recollected  the 
number  of  men  it  took  to  watch  one  election  which  took  place 
in  Ireland  in  the  course  of  last  summer,  —  when  I  knew  the 
consequences  which  a  dissolution  would  produce  on  the 
return  to  the  House  of  Commons,  to  say  nothing  of  the  risks 
which  must  have  been  incurred  at  each  election,  —  of  col- 
lisions that  might  have  lead  to  something  little  short  of  a 
civil  war,  —  I  say,  that,  knowing  all  these  things,  I  should 
have  been  wanting  in  duty  to  my  sovereign  and  to  my  coun- 
try, if  I  had  advised  his  Majesty  to  dissolve  his  Parliament." 

(Annual  Register  far  1829,  vol.  71,  p.  94.) 

214.    The  End  of  Jewish  Disability 

Annual  Register 

The  long  persecution  of  the  Jewish  race,  which  had  been  a 
blot  upon  the  civilization  of  England  as  upon  that  of  nearly  all 
European  countries,  was  finally  ended  with  the  admission  of 
Baron  Rothschild  into  Parliament.  This  measure  of  justice 
and  tolerance  was  not  effected  without  opposition,  but  the  senti- 
ment of  the  country  was  overwhelmingly  in  favour  of  the  step, 
and  its  execution  was  not  attended  with  grave  difficulty. 

On  the  26th  of  July,  that  honourable  member,  being  con- 
ducted to  the  table  by  Lord  John  Russell  and  Mr.  J.  A.  Smith, 
stated,  on  the  oath  being  read  to  him,  that  he  could  not  con- 
scientiously take  it  in  the  form  in  which  it  was  tendered. 
He  was  then  directed  to  withdraw.  Upon  this  Lord  John 
Russell  moved  a  resolution,  simply  stating  that  Baron  Roths- 
child was  prevented  by  conscientious  objections  from  taking 
the  oath.  This  resolution,  after  an  ineffectual  protest  from 
Mr.  Warren,  was  agreed  to;  whereupon  Lord  John  Russell 
moved  a  second  resolution  in  the  following  terms :  —  "That 
any  persons  professing  the  Jewish  religion  may  henceforth, 
in  taking  the  oath  prescribed  in  an  Act  of  the  present  Session 
of  Parliament  to  entitle  him  to  sit  and  vote  in  this  House, 
omit  the  words,  'and  I  make  this  declaration  upon  the  true 
faith  of  a  Christian.' " 

A  debate   ensued,   in  which   Mr.   Warren   threatened   to 


5io  SOURCE-BOOK  OF  ENGLISH  HISTORY 

divide  the  House.  Lord  Hotham  said  he  had  not  intended 
to  vote,  but,  being  called  upon  to  decide,  felt  bound  to  oppose 
the  resolution.  Mr.  Walpole  said  he  had  always  regarded 
this  as  a  religious  rather  than  a  political  question.  He  did 
not  think  Jews  ought  to  sit  in  a  Christian  legislature:  and 
must  oppose  the  resolution.  But  he  was  bound  to  say  that 
Baron  Rothschild  had  never  permitted  himself  to  do  one  act 
contrary  to  the  law  of  the  land.  He  also  said  that  the  course 
taken  could  not  be  too  much  deprecated,  and  if  the  Jews  were 
to  be  admitted  they  ought  to  have  been  admitted  in  a  frank 
and  honest  manner.  Let  them  not  suppose,  however,  that 
they  were  closing  the  question.  Mr.  Spooner  and  Mr.  Newde- 
gate  repeated  their  objections  to  the  proceeding.  Mr.  Fox 
expressed  his  conviction  that  the  House  had  never  acted 
more  in  accordance  with  the  spirit  of  a  Christian  legislature 
than  they  were  about  to  do  by  the  admission  of  Jews  to 
Parliament.  Lord  John  Russell  reminded  Mr.  Walpole  that 
the  mode  of  settling  the  question  had  not  been  proposed  by 
the  advocates  for  the  admission  of  the  Jews.  "It  is  not  our 
choice  but  the  choice  of  the  other  House  of  Parliament." 
Mr.  Walpole  said  this  was  not  the  end  of  the  question;  but 
he  trusted  none  would  hereafter  attempt  to  deprive  the  Jews 
of  the  privilege  about  to  be  conferred  upon  them. 

On  a  division  the  resolution  was  carried  by  69  to  37. 
Baron  Rothschild,  being  again  introduced,  was  greeted  by 
loud  cheers.  He  took  the  oath  on  the  Old  Testament,  omit- 
ting the  words,  "on  the  true  faith  of  a  Christian,"  and  took 
his  seat  on  the  Opposition  benches.  Thus  ended  the  long 
controversy  which  had  for  so  many  years  divided  the  two 
Houses  of  Parliament. 

(Annual  Register  for  1858,  vol.  too,  p.  163.) 

215.    The  Oaths  Act 

(21  &  22  Vic.,  c.  48,  July  23,  1858) 

Statutes  of  the  Realm 

While  the  recognition  of  Jews  as  possessing  equal  rights  re- 
moved the  great  barriers  against  any  inhabitant  of  the  realm, 
it  was  not  until  1858  that  all  citizens  were  legally  placed  upon 
the  same  footing  in  regard  to  their  nominal  duties.  The  oaths 
of  allegiance  to  be  taken  by  a  Catholic,  a  Protestant,  and  a 
Jew  differed  in  form,  though  but  little  in  substance.  At  length, 
in  the  year  named,  the  last  distinction  was  removed,  and  a 
general  form  of  oath  was  devised.  The  "rider"  to  the  Bill, 
whereby  the  act  of  participating  in  the  Sacrament  of  Communion 
was  not  made  obligatory  upon  aspirants  for  office,  was  the  last 
needfuj  concession  to  liberty  and  justice, 


EMANCIPATION  511 

AN  ACT  TO  SUBSTITUTE  ONE  OATH  FOR  THE  OATHS  OF  ALLE- 
GIANCE, SUPREMACY,  AND  ABJURATION;  AND  FOR  THE 
RELIEF  OF  HER  MAJESTY'S  SUBJECTS  PROFESSING  THE 
JEWISH  RELIGION 

Whereas  it  is  expedient  that  One  Oath  should  be  substi- 
tuted for  the  Oaths  of  Allegiance,  Supremacy,  and  Abjura- 
tion now  required  by  law :  Be  it  therefore  enacted  by  the 
Queen's  most  Excellent  Majesty,  by  and  with  the  Advice 
and  Consent  of  the  Lords  Spiritual  and  Temporal,  and  Com- 
mons, in  this  present  Parliament  assembled,  and  by  the- 
Authority  of  the  same,  as  follows: 

I.  Instead  of  the  Oaths  of  Allegiance,  Supremacy,  and 
Abjuration,  where  the  same  are  now  by  Law  required  to  be 
taken,  and  taken  and  subscribed  respectively,  the  following 
Oath  shall  be  taken  and  subscribed: 

"I,  A.  B.,  do  swear,  that  I  will  be  faithful  and  bear  true 
Allegiance  to  Her  Majesty  Queen  Victoria,  and  will  defend 
Her  to  the  utmost  of  my  Power  against  all  Conspiracies  and 
Attempts  whatever  which  shall  be  made  against  Her  Person, 
Crown  or  Dignity,  and  I  will  do  my  utmost  Endeavour  to 
disclose  and  make  known  to  Her  Majesty,  Her  Heirs  and 
Successors,  all  Treasons  and  traitorous  Conspiracies  which 
may  be  formed  against  Her  or  them;  and  I  do  faithfully 
promise  to  maintain,  support,  and  defend,  to  the  utmost  of 
my  Power,  the  Succession  of  the  Crown,  which  Succession, 
by  an  Act,  intituled  'An  Act  for  the  further  Limitation  of  the 
Crown,  and  better  securing  the  Rights  and  Liberties  of  the 
Subject/  is  and  stands  limited  to  the  Princess  Sophia  Elec- 
tress  of  Hanover,  and  the  Heirs  of  Her  Body  being  Protes- 
tants, hereby  utterly  renouncing  and  abjuring  any  Obedience 
or  Allegiance  unto  any  other  Person  claiming  or  pretending 
a  Right  to  the  Crown  of  this  Realm;  and  I  do  declare  that 
no  foreign  Prince,  Person,  Prelate,  State,  or  Potentate  hath 
or  ought  to  have  any  Jurisdiction,  Power,  Superiority,  Pre- 
eminence, or  Authority  ecclesiastical  or  spiritual  within  this 
Realm;  and  I  make  this  Declaration  upon  the  true  Faith  of 
a  Christian.  So  help  me  God." 

II.  Wherein  the  Oath  hereby  appointed  the  Name  of  Her 
present  Majesty  is  expressed  or  referred  to,  the  Name  of  the 
Sovereign  of  this  Kingdom  for  the  Time  being,  by  Virtue  of 
the  Act  "for  the  further  Limitation  of  the  Crown  and  better 
securing  the  Rights  and  Liberties  of  the  Subject,"  shall  be 


5i2  SOURCE-BOOK  OF  ENGLISH  HISTORY 

substituted  from  Time  to  Time,  with  proper  Words  of  Ref- 
erence thereto. 

III.  The  Oath  hereby  appointed  shall  be  taken  and  sub- 
scribed in  the  same  Cases,  and  by  and  before  the  same  Per- 
sons, and  at  the  same  Times  and  Places,  as  the  Oaths  of 
Allegiance,  Supremacy,  and  Abjuration  are  respectively  now 
directed  to  be  taken,  and  taken  and  subscribed ;  and  the  taking 
and  subscribing  of  the  Oath  hereby  appointed  shall  have  the 
like  Effect  as  the  taking,  and  taking  and  subscribing  respect- 
ively of  the  Oaths  of  Allegiance,  Supremacy,  and  Abjuration 
would  have  had  if  this  Act  had  not  been  passed ;  and  the 
Refusal,    Neglect,    or    Omission   to   take    and    subscribe   the 
Oath  hereby  appointed  shall  be  attended  with  the  like  Dis- 
abilities, Incapacities,  Penalties,  Liabilities,  and  Consequen- 
ces,   as    now    by    Law    provided    in    the    Case    of    Refusal, 
Neglect    or    Omission    to    take,    or    take    and    subscribe    re- 
spectively  the    Oaths   of   Allegiance,    Supremacy,    and   Ab- 
juration ;    and   all    Provisions   now   in    Force   shall   be   con- 
strued and  take  effect  accordingly:  Provided  always,  that 
no  Person,  having  before  the   Commencement  of  this  Act 
taken  the  Oaths  of  Allegiance,  Supremacy  and  Abjuration, 
shall  be  required  to  take  and  subscribe  the  Oath  hereby  ap- 
pointed, unless  and  until  he  would  be  by  Law  required  to 
take  the  said  Oaths  of  Allegiance,  Supremacy,  and  Abjura- 
tion in  Case  this  Act  had  not  been  passed. 

IV.  Provided  always,  that  every  Person  of  the  Persuasion 
of  the  People  called  Quakers,  and  every  other  Person  now 
by  Law  permitted  to  make  his  solemn  Affirmation  or  De- 
claration instead  of  taking  an  Oath,  shall,  instead  of  tak- 
ing and  subscribing  the  Oath  hereby  appointed,  make  and 
subscribe   a  solemn   Affirmation   in  the   Form  of  the   Oath 
hereby    appointed,    substituting   the    Words    "solemnly,    sin- 
cerely, and  truly  declare  and  affirm"  for  the  Word  "swear," 
and  omitting  the  Words  "And  I  make  this  Declaration  upon 
the  true  faith  of  a  Christian.     So  help  me  God;"  and  the 
making  and   subscribing  of  such   Affirmation   by   a   Person 
hereinbefore    authorized   to   make   and   subscribe    the    same, 
with  such  Omission  as  aforesaid,  shall  have  the  same  Force 
and  Effect  as  the  taking  and  subscribing  by  other  Persons  of 
the  Oath  hereby  appointed. 

V.  And  whereas  by  a  certain  Act  passed  in  the  Ninth  Year 
of  the  Reign  of  King  George  the  Fourth,  intituled  "An  Act 
for  repealing  so  much  of  the  several  Acts  as  imposes  the  Ne- 
cessity of  receiving  the  Sacrament  of  the  Lord's  Supper  as  a 


EM4NCIPATION  5'3 

qualification  of  certain  Offices  and  Employments,"  a  certain 
Declaration  is  prescribed  to  be  taken  in  the  Cases  in  the  said 
Act  mentioned :  And  whereas,  by  an  Act  passed  in  the  Ninth 
Year  of  the  Reign  of  Her  present  Majesty,  intituled  "An  Act 
for  the  relief  of  Persons  of  the  Jewish  Religion  elected  to 
Municipal  Offices,"  a  certain  other  Declaration  was  per- 
mitted to  be  taken  in  certain  Cases  by  Persons  professing  the 
Jewish  Religion,  instead  of  the  Declaration  required  to  be 
made  and  subscribed  by  the  said  Act  of  King  George  the 
Fourth :  And  whereas  it  is  right  to  extend  the  Benefit  of  the 
last-recited  Act  to  all  other  Cases  in  which  the  Declaration 
set  forth  in  the  said  Act  of  the  Ninth  Year  of  the  Reign  of 
King  George  the  Fourth  is  by  Law  required  to  be  taken :  Be 
it  enacted,  That  in  all  Cases  which  are  not  in  the  Provisions 
of  the  said  Act  of  the  Ninth  Year  of  the  Reign  of  Her  Ma- 
jesty, in  which  any  other  of  Her  Majesty's  subjects  are  re- 
quired by  Law  to  make  and  subscribe  the  Declaration  set 
forth  in  the  said  Act  of  the  Ninth  Year  of  the  Reign  of  King 
George  the  Fourth,  Her  Majesty's  Subjects  professing  the 
Jewish  Religion  shall  be  required  instead  thereof  to  make  and 
subscribe  the  Declaration  set  forth  in  the  said  Act  of  the 
Ninth  Year  of  the  Reign  of  Her  present  Majesty,  which 
Declaration  shall,  with  respect  to  such  Person  professing  the 
Jewish  Religion,  be  of  the  same  Force  and  Effect  as  if  he 
made  and  subscribed  the  said  Declaration  by  the  said  Act  of 
the  Ninth  Year  of  the  Reign  of  King  George  the  Fourth, 
and  shall  be  made  and  subscribed  at  the  same  Times  and 
Places  respectively,  and  preserved  of  Record  in  the  same 
Manner  as  the  last-mentioned  Declaration  is  now  by  Law 
required  to  be  made,  subscribed,  and  preserved. 

VI.  Provided  also,  that  nothing  in  this  Act  contained  shall 
be  held  to  alter  or  affect  the  Provisions  of  the  Act  passed  in 
the  Tenth  Year  of  King  George  the  Fourth,  Chapter  Seven, 
"for  the  Relief  of  His  Majesty's  Roman  Catholic  Subjects." 

(Annual  Register  for  1858,  vol.  100,  p.  238.) 

216.    The  Jewish  Relief  Act 

(21  &  22  VICT.,  c.  49,  July  23, 1858) 

Annual  Register 

On  the  same  day  as  that  on  which  was  passed  the  Oaths  Act, 
there  was  passed  a  measure  for  defining  the  privileges  of  the 
Jews  more  clearly  than  this  had  yet  been  done.  While  the  first 
portion  of  the  Act  is  almost  similar  to  the  provisions  contained 
in  the  Oaths  Act,  the  latter  portion  expressly  continues  certain 
disabilities  made  necessary  by  the  connection  between  Church 
and  State.  As  a  citizen,  the  Jew  was  to  be  henceforth  regarded 


5H  SOURCE-BOOK  OF  ENGLISH  HISTORY 

as  the  peer  of  the  Christian ;  but  certain  functions  which  trenched 
on  the  ecclesiastical  ground  were  still  withheld. 

AN    ACT   TO    PROVIDE    FOR    THE    RELIEF    OF    HER    MAJESTY'S    SUI5- 
JECTS   PROFESSING  THE  JEWISH    RELIGION 

Be  it  enacted  by  the  Queen's  most  Excellent  Majesty,  by 
and  with  the  Advice  and  Consent  of  the  Lords  Spiritual  and 
Temporal,  and  Commons,  in  the  present  Parliament  as- 
sembled, and  by  the  Authority  of  the  same,  as  follows : 

I.  Where  it  shall   appear  to  either  House  of  Parliament 
that  a  Person  professing  the  Jewish  Religion,  otherwise  en- 
titled to  sit  and  vote  in  such  House,  is  prevented  from  so 
sitting  and  voting  by  his  conscientious  Objections  to  take  the 
Oath  which  by  an  Act  passed  or  to  be  passed  in  the  present 
Sessions  of  Parliament  has  been  or  may  be  substituted  fo" 
the  Oaths  of  Allegiance,  Supremacy,  and  Abjuration  in  the 
Form   therein    required,    such    House,    if   it    think    fit,    may 
resolve   that   henceforth   any   Person   professing   the  Jewish 
Religion,  in  taking  the  same  Oath  to  entitle  him  to  sit  and 
vote  as  aforesaid,  may  omit  the  Words  "and  I  make  this 
Declaration  upon  the  true  Faith  of  a  Christian,"  and  so  long 
as  such  Resolution  shall  continue  in  force  the  said  Oath,  when 
taken  and  subscribed  by  any  Person  professing  the  Jewish 
Religion  to  entitle  him  to  sit  and  vote  in  that  House  of  Par- 
liament, may  be  modified  accordingly;  and  the  taking  and 
subscribing  by  any  Person  professing  the  Jewish  Religion  of 
the  Oath  so  modified  shall,  so  far  as  respects  the  Title  to  sit 
and  vote  in  such  House,  have  the  same  Force  and  Effect  as 
the  taking  and  subscribing  by  other  Persons  of  the  said  Oath 
in  the  Form  required  by  the  said  Act. 

II.  In  all  other  Cases,  except  for  sitting  in  Parliament  as 
aforesaid,  or  in  qualifying  to  exercise  the  Right  of  Presenta- 
tion  to   any   Ecclesiastical    Benefice   in    Scotland,   whenever 
any  of  Her  Majesty's  Subjects  professing  the  Jewish  Religion 
shall  be  required  to  take  the  said  Oath,  the  Words  "and  I 
make  this  Declaration  upon  the  true  Faith  of  a  Christian" 
shall  be  omitted. 

III.  Nothing  herein  contained  shall  extend  or  be  construed 
to  extend  to  enable  any  Person  or  Persons  professing  the 
Jewish  Religion  to  hold  or  exercise  the  Office  of  Guardians 
and  Justices  of  the  United  Kingdom,  or  of  Regent  of  the 
United    Kingdom,    under    whatever    Name,    Style,    or    Title 
such  Office  may  be  constituted,  or  of  Lord  High  Chancel- 
lor, Lord  Keeper  or  Lord  Commissioner  of  the  Great  Seal 


EMANCIPATION  515 

of  Great  Britain  or  Ireland,  or  the  Office  of  Lord  Lieu- 
tenant or  Deputy  or  other  Chief  Governor  or  Governors  of 
Ireland,  or  Her  Majesty's  High  Commissioner  to  the  Gen- 
eral Assembly  of  the  Church  of  Scotland. 

IV.  Where  any  Right  of  Presentation  to  any  Ecclesiastical 
Benefice  shall  belong  to  any  Office  in  the  Gift  or  Appoint- 
ment of  her  Majesty,  Her  Heirs  or  Successors,  and  such 
Office  shall  be  held  by  a  Person  professing  the  Jewish 
Religion,  the  Right  of  Presentation  shall  devolve  upon  and 
be  exercised  by  the  Archbishop  of  Canterbury  for  the  Time 
being;  and  it  shall  not  be  lawful  for  any  Person  professing 
the  Jewish  Religion,  directly  or  indirectly,  to  advise  Her 
Majesty,  Her  Heirs  or  Successors,  or  any  Person  or  Persons 
holding  or  exercising  the  Office  of  Guardians  of  the  United 
Kingdom,  or  of  Regent  of  the  United  Kingdom,  under  what- 
ever Name,  Style,  or  Title  such  Office  may  be  constituted, 
or  the  Lord  Lieutenant  or  Lord  Deputy,  or  any  other  Chief 
Governor  or  Governors  of  Ireland,  touching  or  concerning 
the  Appointment  to  or  disposal  of  any  Office  or  Preferment 
in  the  United  Church  of  England  and  Ireland,  or  in  the 
Church  of  Scotland;  and  if  such  Person  shall  offend  in  the 
Premises  he  shall,  being  thereof  convicted  by  due  Course  of 
Law,  be  deemed  guilty  of  a  high  Misdemeanor,  and  disabled 
for  ever  from  holding  any  Office,  Civil  or  Military,  under 
the  Crown. 

{Annual  Register  for  1858,  ed.  cit.,  p.  241.) 


217.    The  End  of  the  Slave  Trade 

Cobbett 

The  great  struggle  against  slavery  was  fought  out  in  the 
nineteenth  century.  Then  it  was  that  the  question  of  emanci- 
pation of  the  negroes  was  agitated  by  the  whole  world.  The 
movement  resulted  in  the  freedom  of  the  negroes  held  in  bondage 
by  civilized  nations,  and  in  ending  exportations  of  slaves  from 
Africa.  The  success  of  the  English  movement  was  only  brought 
about  by  a  long  and  arduous  combat  on  the  part  of  its  adherents, 
but  it  was  largely  instrumental  in  the  general  abolition  of  the 
system.  The  following  extract  portrays  the  closing  scenes  at- 
tending the  passage  of  the  Emancipation  Act. 

Lord  Grenville  moved  the  order  of  the  day  for  taking  into 
consideration  the  amendments  made  by  the  house  of  com- 
mons in  the  Slave  Trade  Abolition  bill.  His  lordship  ob- 
served that  the  object  of  the  greater  part  of  these  amend- 
ments was  to  inforce  penalties  and  forfeitures  upon  those 
carrying  on  the  trade,  after  the  period  fixed  by  parliament 


5'G  SOURCE-BOOK  OF  ENGLISH  HISTORY 

for  its  abolition,  which  it  was  not  the  practice  of  that  house 
to  enact.  These  amendments,  therefore,  were  merely  calcu- 
lated the  better  to  carry  into  effect  the  principle  of  the  bill. 
With  respect  to  the  amendment  in  the  preamble,  leaving  out 
the  words,  declaring  the  trade  to  be  contrary  to  justice, 
humanity,  and  sound  policy,  it  would  not  be  imagined  after 
what  he  had  said  upon  the  subject,  that  his  opinion  had  sus- 
tained any  alteration.  It  having,  however,  been  thought 
right  by  the  House  of  Commons  to  make  this  alteration,  in 
order  that  the  feelings  of  those  concerned  in  the  trade  might 
not  be  wounded,  he  had  no  objection  to  it. 

The  Bishop  of  Landaff  rose  to  deliver  his  opinion  of  the 
bill,  which  he  had  not  till  then  an  opportunity  of  doing.  The 
right  reverend  prelate  observed,  that  in  judging  of  the 
propriety  of  the  preamble  as  it  originally  stood,  or  of  the 
amendments  that  had  been  made  in  it,  the  different  states  of 
slavery  as  they  existed  at  different  periods  of  the  world 
should  duly  be  considered.  Certain  conditions  of  slavery 
existed  in  the  antediluvian  world  full  700  years  before  Noah; 
and  such  must  have  existed  both  before  and  after  the  forma- 
tion of  civil  society.  Under  the  circumstances  of  those 
times,  multitudes  must  have  existed,  who  could  derive  sus- 
tenance only  from  their  labour,  and  who,  in  order  to  secure 
the  means  of  support,  were  willing  to  surrender  up  that 
labour,  and  with  it  their  freedom.  Such  a  state  of  slavery 
might  not  indeed  be  considered  as  contrary  to  justice  and 
humanity,  because  it  was  a  voluntary  act  on  the  part  of  those 
who  submitted  to  it ;  but,  although  that  state  of  slavery  might 
not  be  judged  inconsistent  with  justice  and  humanity,  it  did 
not  follow  that  other  descriptions  of  it  might  not  be  highly 
inhuman  and  unjust ;  for  what  could  be  more  contrary  to  jus- 
tice and  humanity,  than  to  excite  civil  war  in  a  country,  and 
then  take  advantage  of'the  calamities  arising  from  it  to  force 
away  the  miserable  inhabitants  into  an  hopeless  captivity? 
Such  he  conceived  to  be  the  nature  of  the  trade  which  it  was 
proposed  to  abolish.  Its  abolition  was  an  act  of  national 
humanity  and  justice ;  it  was  an  act  that  would  never  be 
blotted  out  in  the  records  of  divine  mercy.  He  was  ready 
to  confess,  that  the  most  keenly  exploring  eye  might  not  be 
able  to  dive  into  the  consequences  of  such  a  measure ;  but 
as  it  evidently  sprang  from  the  root  of  undissembled  piety 
and  humanity,  it  should  not  be  supposed  to  be  productive  of 
evil ;  but,  on  the  contrary,  that  it  must  be  healing  and  bene- 
ficial to  mankind. 


EMANCIPATION  517 

The  Earl  of  Westmoreland  could  not  let  slip  this  last  op- 
portunity of  entering  his  protest  against  the  bill;  he  must 
therefore  repeat  some  of  his  former  objections  to  it,  though 
he  was  aware  that  the  repetition  must  be  in  some  degree 
irksome  to  the  house.  At  least  he  must  remind  them  that 
one  more  occasion  presented  itself  to  allow  them  to  rectify 
their  opinions,  which  they  should  be  the  more  induced  to  do 
from  the  awful  warning  contained  in  the  petition  which  he 
had  that  day  laid  on  their  lordship's  table.  From  that  peti- 
tion they  might  collect  the  dreadful  consequences  which  even 
the  resolutions  of  last  year  were  producing  in  Jamaica. 
Every  thing  there  seemed  to  indicate  the  approach  of  an 
organized  insurrection,  which  might  receive  a  new  stimulus 
and  encouragement  from  the  bill  now  on  the  eve  of  passing. 
It,  therefore,  called  again  for  the  most  serious  consideration 
of  their  lordships,  and  that  consideration  would  shew  them 
that  the  proposed  clauses  involved  the  greatest  inconsisten- 
cies, absurdities,  and  even  impossibilities.  As  to  the  pre- 
amble, nothing  could  reconcile  him  to  it.  No  good  could  be 
expected  from  it,  while  it  might  be  attended  with  much  mis- 
chief: he  was,  therefore,  for  leaving  it  out  altogether.  As 
to  the  consequences  of  the  measure,  they  certainly  appeared 
to  him  most  alarming.  If  ever  St.  Domingo  and  Cuba  were 
in  the  hands  of  our  enemies,  and  if  they  resolved  to  carry  on 
this  trade,  that  alarm  would  prove  but  too  well  founded.  He 
would  even  venture  to  say,  that  it  was  to  the  existence  of  the 
slave  trade  that  their  lordships  were  indebted  for  their  being 
now  sitting  in  that  house.  Our  existence  depended  upon  the 
strength  of  our  navy,  and  the  strength  of  our  navy  was 
chiefly  derived  from  the  slave  trade.  Their  lordships  must 
be  convinced  of  it,  if  they  but  reflected  that  the  town  of 
Liverpool  alone  now  sent  out  a  greater  number  of  privateers 
than  were  employed  by  the  whole  of  the  country  against  the 
enemy,  in  the  time  of  Queen  Elizabeth. 

The  Marquis  of  Sligo  disapproved  of  the  clauses,  and  con- 
tended, that  the  preamble  contained  a  gross  calumny. 

The  Duke  of  Norfolk  was  not  very  anxious  on  former 
occasions  to  support  the  measures  of  the  abolition;  because 
he  knew  that  many  of  those  who  were  loudest  in  its  praise, 
were  far  from  being  sincere  in  their  wishes  for  its  success. 
Now,  however,  when  it  was  taken  up  by  ministers  who  had 
his  confidence,  and,  who,  he  was  satisfied,  were  incapable  of 
any  duplicity,  the  bill  should  have  his  most  cordial  support, 
and  he  should  rejoice  to  see  it  pass.  —  The  question  was  now 


$i8  SOURCE-BOOK  OF  ENGLISH  HISTORY 

put  on  the  several  amendments,  and  agreed  to.  —  Lord  Gren- 
ville  then  moved,  that  the  bill,  with  the  amendments,  etc.,  as 
agreed  to,  be  sent  to  the  commons,  and  on  the  motion  being 
agreed  to,  —  his  lordship  again  rose,  and  congratulated  the 
house  on  having  now  performed  one  of  the  most  glorious  acts 
that  had  ever  been  done  by  any  assembly  of  any  nation  in 
the  world. 

{Parliamentary  Debates,  ed.  Cobbett,  Lond.,  1807.    IX,  168.) 


CHAPTER   XXXI 

PARLIAMENTARY   REFORM 


218.    Speech  on  the  First  Reform  Bill 

(1831) 

Russell 

The  speech  of  Lord  John  Russell,  when  oh  March  i,  1831,  he 
introduced  the  First  Reform  Bill,  opened  a  debate  which  prac- 
tically lasted  until  June  5,  1832.  The  Whig  ministry  knew  that 
the  fate  of  their  party  depended  upon  that  of  the  Bill,  and  they 
came  to  realize  that  the  fate  of  the  dynasty  itself  might  depend 
upon  the  same  thing.  The  Opposition  were  no  less  desirous  01 
victory,  seeing  in  the  Bill  a  measure  which  threatened  the  pros- 
perity of  the  people  and  the  very  existence  of  the  State.  "  The 
country  was  divided  into  two  hostile  camps,  regarding  each  other 
with  feelings  of  increased  exasperation.  On  the  one  hand,  the 
anti-reformers,  though  comparatively  few,  were  immensely 
strong  in  position  and  prestige . .  .  On  the  other  hand,  the  re- 
formers could  count  upon  the  support  of  the  great  mass  of  the 
people." 

The  object  of  ministers  has  been  to  produce  a  measure  with 
which  every  reasonable  man  in  the  country  will  be  satisfied 
—  we  wish  to  take  our  stand  between  the  two  hostile  parties, 
neither  agreeing  with  the  bigotry  of  those  who  would  reject 
all  Reform,  nor  with  the  fanaticism  of  those  who  contend 
that  only  one  plan  of  Reform  would  be  wholesome  or  satis- 
factory, but  placing  ourselves  between  both,  and  between  the 
abuses  we  intend  to  amend  and  the  convulsion  we  hope  to 
avert. 

The  ancient  constitution  of  our  country  declares  that  no 
man  should  be  taxed  for  the  support  of  the  state,  who  has 
not  consented,  by  himself  or  his  representative,  to  the  im- 
position of  these  taxes.  The  well-known  statute,  de  tallagio 
non  concedcndo,  repeats  the  same  language ;  and,  although 
some  historical  doubts  have  been  thrown  upon  it,  its  legal 
meaning  has  never  been  disputed.  It  included  "all  the  free- 
men of  the  land,"  and  provided  that  each  county  should  send 
to  the  Commons  of  the  realm,  two  knights,  each  city  two 


520  SOURCE-BOOK  OF  ENGLISH  HISTORY 

burgesses,  and  each  borough  two  members.  Thus  about  a 
hundred  places  sent  representatives,  and  some  thirty  or  forty 
others  occasionally  enjoyed  the  privilege,  but  it  was  discon- 
tinued or  revived  as  they  rose  or  fell  in  the  scale  of  wealth 
and  importance.  Thus,  no  doubt,  at  that  early  period,  the 
House  of  Commons  did  represent  the  people  of  England ; 
there  is  no  doubt  likewise,  that  the  House  of  Commons,  as 
it  now  subsists,  does  not  represent  the  people  of  England. 
Therefore,  if  we  look  at  the  question  of  right,  the  reformers 
have  right  in  their  favour.  Then,  if  we  consider  what  is 
reasonable,  we  shall  arrive  at  a  similar  result. 

A  stranger,  who  was  told  that  this  country  is  unparalleled 
in  wealth  and  industry,  and  more  civilized,  and  more  en- 
lightened than  any  country  was  before  it ;  that  it  is  a  country 
that  prides  itself  on  its  freedom,  and  that  once  in  every  seven 
years  it  elects  representatives  from  its  population,  to  act  as 
the  guardians  and  preservers  of  that  freedom,  —  would  be 
anxious  and  curious  to  see  how  that  representation  is  formed, 
and  how  the  people  chose  those  representatives,  to  whose 
faith  and  guardianship  they  entrust  their  free  and  liberal 
institutions.  Such  a  person  would  be  very  much  astonished 
if  he  were  taken  to  a  ruined  mound,  and  told  that  that  mound 
sent  two  representatives  to  Parliament  —  if  he  were  taken 
to  a  stone  wall,  and  told  that  three  niches  in  it  sent  two  repre- 
sentatives to  Parliament  —  if  he  were  taken  to  a  park,  where 
no  houses  were  to  be  seen,  and  told  that  that  park  sent  two 
representatives  to  Parliament;  but  if  he  were  told  all  this, 
and  were  astonished  at  hearing  it,  he  would  be  still  more 
astonished  if  he  were  to  see  large  and  opulent  towns  full  of 
enterprise,  and  industry,  and  intelligence,  containing  vast 
magazines  of  every  species  of  manufactures,  and  were  then 
told  that  these  towns  sent  no  representatives  to  Parliament. 
Such  a  person  would  be  still  more  astonished,  if  he  were 
taken  to  Liverpool,  where  there  is  a  large  constituency,  and 
told,  here  you  will  have  a  fine  specimen  of  a  popular  elec- 
tion. He  would  see  bribery  employed  to  the  greatest  extent, 
and  in  the  most  unblushing  manner;  he  would  see  every  voter 
receiving  a  number  of  guineas  in  a  box,  as  the  price  of  his 
corruption ;  and  after  such  a  spectacle,  he  would  no  doubt  be 
much  astonished  that  a  nation  whose  representatives  are  thus 
chosen,  could  perform  the  functions  of  legislation  at  all,  or 
enjoy  respect  in  any  degree.  I  say  then,  that  if  the  question 
before  the  House  is  a  question  of  reason,  the  present  state 
of  representation  is  against  reason. 


PARLIAMENTARY  REFORM  531 

The  confidence  of  the  country  in  the  construction  and  con- 
stitution of  the  House  of  Commons  is  gone.  It  would  be 
easier  to  transfer  the  flourishing  manufactures  of  Leeds  and 
Manchester  to  Gatton  and  Old  Sarum,  than  re-establish  con- 
fidence and  sympathy  between  this  House  and  those  whom 
it  calls  its  constituents.  If,  therefore,  the  question  is  one  of 
right,  right  is  in  favour  of  Reform;  if  it  be  a  question  of 
reason,  reason  is  in  favour  of  Reform;  if  it  be  a  question  of 
policy  and  expediency,  policy  and  expediency  are  in  favour 
of  Reform. 

I  come  now  to  the  explanation  of  the  measure  which, 
representing  the  ministers  of  the  king,  I  am  about  to  propose 
to  the  House.  Those  ministers  have  thought,  and  in  my 
opinion  justly  thought,  that  no  half  measures  would  be  suf- 
ficient ;  that  no  trifling  or  paltering  with  Reform  could  give 
stability  to  the  Crown,  strength  to  Parliament,  or  satisfaction 
to  the  country.  The  chief  grievances  of  which  the  people 
complain  are  these.  First,  the  nomination  of  members  by 
individuals ;  second,  the  election  by  close  corporations ;  third, 
the  expense  of  elections.  With  regard  to  the  first,  it  may  be 
exercised  in  two  ways,  either  over  a  place  containing  scarcely 
any  inhabitants,  and  with  a  very  extensive  right  of  election; 
or  over  a  place  of  wide  extent  and  numerous  population,  but 
where  the  franchise  is  confined  to  very  few  persons.  Gatton 
is  an  example  of  the  first,  and  Bath  of  the  second.  At  Gat- 
ton, where  the  right  of  voting  is  by  scot  and  lot,  all  house- 
holders have  a  vote,  but  there  are  only  five  persons  to  exer- 
cise the  right.  At  Bath  the  inhabitants  are  numerous,  but 
very  few  of  them  have  any  concern  in  the  election.  In  the 
former  case,  we  propose  to  deprive  the  borough  of  the  fran- 
chise altogether.  In  doing  so,  we  have  taken  for  our  guide 
the  population  returns  of  1821 ;  and  we  propose  that  every 
borough  which  in  that  year  had  less  than  2,000  inhabitants, 
should  altogether  lose  the  right  of  sending  members  to  Par- 
liament, the  effect  of  which  will  be  to  disfranchise  sixty-two 
boroughs.  But  we  do  not  stop  here.  As  the  honourable 
member  for  Boroughbridge  [Sir  C.  Wetherell]  would  say, 
we  go  plus  ultra;  we  find  that  there  are  forty-seven  boroughs 
of  only  4,000  inhabitants,  and  these  we  shall  deprive  of  the 
right  of  sending  more  than  one  member  to  Parliament.  We 
likewise  intend  that  Weymouth,  which  at  present  sends  four 
members  to  Parliament,  should  in  the  future  send  only  two. 
The  total  reduction  thus  effected  in  the  number  of  the 
members  of  this  House  will  be  168-  This  is  the  whole  ex- 


522  SOURCE-BOOK  OF  ENGLISH  HISTORY. 

tent  to  which  we  are  prepared  to  go  in  the  way  of  dis- 
franchisement. 

We  do  not,  however,  mean  to  allow  that  the  remaining 
boroughs  should  be  in  the  hands  of  a  small  number  of  persons 
to  the  exclusion  of  the  great  body  of  the  inhabitants  who 
have  property  and  interest  in  the  place.  It  is  a  point  of  great 
difficulty  to  decide  to  whom  the  franchise  should  be  ex- 
tended. Though  it  is  a  point  much  disputed,  I  believe  it  will 
be  found  that  in  ancient  times  every  inhabitant  householder 
resident  in  a  borough  was  competent  to  vote  for  members  of 
Parliament.  As,  however,  this  arrangement  excluded  villeins 
and  strangers,  the  franchise  always  belonged  to  a  particular 
body  in  every  town ;  —  that  the  voters  were  persons  of  prop- 
erty is  obvious,  from  the  fact  that  they  are  called  upon  to  pay 
subsidies  and  taxes.  Two  different  courses  seem  to  prevail 
in  different  places.  In  some,  every  person  having  a  house, 
and  being  free,  was  admitted  to  a  general  participation  in 
the  privileges  formerly  possessed  by  burgesses :  in  others,  the 
burgesses  became  a  select  body,  and  were  converted  into 
a  kind  of  corporation,  more  or  less  exclusive.  These  differ- 
ences, the  House  will  be  aware,  lead  to  the  most  difficult,  and 
at  the  same  time  the  most  useless  questions  that  men  can  be 
called  upon  to  decide.  I  contend  that  it  is  proper  to  get  rid 
of  these  complicated  rights,  of  these  vexatious  questions, 
and  to  give  the  real  property  and  real  respectability  of  the 
different  cities  and  towns,  the  right  of  voting  for  members 
of  Parliament.  Finding  that  a  qualification  of  a  house  rated 
at  £20  a  year,  would  confine  the  elective  franchise,  instead 
of  enlarging  it,  we  propose  that  the  right  of  voting  should  be 
given  to  the  householders  paying  rates  for  houses  of  the 
yearly  value  of  £10  and  upwards,  upon  certain  conditions 
hereafter  to  be  stated.  At  the  same  time  it  is  not  intended 
to  deprive  the  present  electors  of  their  privilege  of  voting, 
provided  they  are  resident.  With  regard  to  non-residence, 
we  are  of  opinion  that  it  produces  much  expense,  is  the  cause 
of  a  great  deal  of  bribery,  and  occasions  such  manifest  and 
manifold  evils,  that  electors  who  do  not  live  in  a  place  ought 
not  be  permitted  to  retain  their  votes.  With  regard  to  res- 
ident voters,  we  propose  that  they  should  retain  their  right 
during  life,  but  that  no  vote  should  be  allowed  hereafter,  ex- 
cept to  £10  householders. 

I  shall  now  proceed  to  the  manner  in  which  we  propose  to 
extend  the  franchise  in  counties.  The  bill  I  wish  to  in- 
troduce will  give  all  copyholders  to  the  value  of  £10  a  year, 


PARLIAMENTARY  REFORM  523 

qualified  to  serve  on  juries,  under  the  right  hon.  gentlemen's 
[Sir  R.  Peel]  bill,  a  right  to  vote  for  the  return  of  knights 
of  the  shire;  also,  that  leaseholders,  for  not  less  than  twenty- 
one  years,  whose  annual  rent  is  not  less  than  £50,  and  whose 
leases  have  not  been  renewed  within  two  years,  shall  enjoy 
the  same  privilege. 

(History  of  the  Reform  Bill,  Molesworth,  Lend.,  1866,  103.) 

219.   The  Prorogation  of  the  Anti-Reform  Parliament 

(1831) 

Molesworth 

The  First  Reform  Bill  had  passed  two  readings  when  the 
ministry,  concluded  after  an  adverse  vote  upon  a  motion,  in- 
troduced by  General  Gascoyne,  in  opposition  to  their  policy,  that 
it  was  useless  to  continue  the  struggle  in  Parliament.  Confident 
of  the  support  of  the  electors,  they  resolved  to  appeal  to  the 
country.  To  dp  this  a  dissolution  of  Parliament  was  necessary, 
and  against  this  the  anti-reformers  were  firmly  arrayed.  The 
ministry  appealed  to  the  king.  In  the  selection  which  follows, 
this  appeal  is  vividly  described,  and  the  action  of  the  king  in 
dissolving  Parliament  is  clearly  portrayed. 

Under  these  circumstances,  ministers  acted  with  prompti- 
tude and  decision.  Their  defeat  had  occurred  on  the  morn- 
ing of  the  22nd  of  April ;  on  the  same  day  summonses  were 
issued,  calling  a  Cabinet  council  at  St.  James's  Palace.  So 
short  was  the  notice,  that  the  ministers  were  unable  to  attend, 
as  was  customary  on  such  occasions,  in  their  court  dresses. 
At  this  council  it  was  unanimously  resolved  that  the  Parlia- 
ment should  be  prorogued  the  same  day,  with  a  view  to  its 
speedy  dissolution,  and  the  royal  speech,  which  had  been 
prepared  for  the  occasion,  was  considered  and  adopted.  All 
necessary  arrangements  having  been  made,  in  order  to  take 
away  from  the  king  all  pretext  for  delay,  Earl  Grey  and  Lord 
Brougham  were  deputed  to  wait  on  the  king,  and  communi- 
cate to  him  the  advice  of  the  Cabinet.  From  what  has  been 
already  said,  the  reader  will  be  prepared  to  anticipate  that 
this  advice  was  far  from  palatable.  The  unusual  haste  with 
which  it  was  proposed  to  carry  out  that  measure,  naturally 
increased  the  king's  known  objections  to  the  proposed  step, 
and  furnished  him  with  a  good  excuse  for  refusing  his  assent 
to  it.  Earl  Grey,  the  pink  and  pattern  of  loyalty  and  chival- 
rous courtesy,  shrunk  from  the  disagreeable  errand,  and  re- 
quested his  bolder  and  less  courtly  colleague  to  introduce  the 
subject,  begging  him  at  the  same  time  to  manage  the  suscep- 
tibility of  the  king  as  much  as  possible. 

The  Chancellor  accordingly  approached  the  subject  very 
carefully,  prefacing  the  disagreeable  message  with  which  he 


524  SOURCE-BOOK  OF  ENGLISH  HISTORY 

was  charged,  with  a  compliment  on  the  king's  desire  to  pro- 
mote the  welfare  of  his  people.  He  then  proceeded  to  com- 
municate the  advice  of  the  Cabinet,  adding,  that  they  were 
unanimous  in  offering  it. 

"What !"  exclaimed  the  king,  "would  you  have  me  dismiss 
in  this  summary  manner  a  Parliament  which  has  granted  me 
so  splendid  a  civil  list,  and  given  my  queen  so  liberal  an 
annuity  in  case  she  survives  me?'' 

"No  doubt,  sire,"  Lord  Brougham  replied,  "in  these  respects 
they  have  acted  wisely  and  honourably,  but  your  Majesty's 
advisers  are  all  of  opinion,  that  in  the  present  state  of  affairs, 
every  hour  that  this  Parliament  continues  to  sit  is  pregnant 
with  danger  to  the  peace  and  security  of  your  kingdom,  and 
they  humbly  beseech  your  Majesty  to  go  down  this  very  day 
and  prorogue  it.  If  you  do  not,  they  cannot  be  answerable 
for  the  consequences." 

The  king  was  greatly  embarrassed ;  he  evidently  enter- 
tained the  strongest  objection  to  the  proposed  measure,  but 
he  also  felt  the  danger  which  would  result  from  the  resigna- 
tion of  his  ministers  at  the  present  crisis.  He  therefore 
shifted  his  ground,  and  asked  —  "Who  is  to  carry  the  sword 
of  state  and  the  cap  of  maintenance?" 

"Sire,  knowing  the  urgency  of  the  crisis  and  the  imminent 
peril  in  which  the  country  at  this  moment  stands,  we  have 
ventured  to  tell  those  whose  duty  it  is  to  perform  these  and 
other  similar  offices,  to  hold  themselves  in  readiness." 

"But  the  troops,  the  life  guards,  I  have  given  no  orders  for 
them  to  be  called  out,  and  now  it  is  too  late." 

This  was  indeed  a  serious  objection,  for  to  call  out  the 
guards  was  the  special  prerogative  of  the  monarch  himself, 
and  no  minister  had  any  right  to  order  their  attendance  with- 
out his  express  command. 

"Sire,"  replied  the  Chancellor,  with  some  hesitation,  "we 
must  throw  ourselves  on  your  indulgence.  Deeply  feeling 
the  gravity  of  the  crisis,  and  knowing  your  love  for  your 
people,  we  have  taken  a  liberty  which  nothing  but  the  most 
imperious  neccessity  could  warrant ;  we  have  ordered  out  the 
troops,  and  we  humbly  throw  ourselves  on  your  Majesty's 
indulgence." 

The  king's  eye  flashed  and  his  cheek  became  crimson.  He 
was  evidently  on  the  point  of  dismissing  the  ministry  in  an 
explosion  of  anger.  "Why,  my  lords,"  he  exclaimed,  "this 
is  treason !  high  treason,  and  you,  my  Lord  Chancellor, 
ought  to  know  that  it  is." 


PARLIAMENTARY  REFORM  525 

"Yes,  sire,  I  do  know  it,  and  nothing  but  the  strongest 
conviction  that  your  Majesty's  crown  and  the  interests 
of  the  nation  are  at  stake,  could  have  induced  us  to 
take  such  a  step,  or  to  tender  the  advice  we  are  now  giv- 
ing." 

This  submissive  reply  had  the  desired  effect,  the  king 
cooled,  his  prudence  and  better  genius  prevailed,  and  having 
once  made  up  his  mind  to  yield,  he  yielded  with  a  good  grace. 
He  accepted,  without  any  objection,  the  speech  which  had 
been  prepared  for  him,  and  which  the  two  ministers  had 
brought  with  them,  he  gave  orders  respecting  the  details  of 
the  approaching  ceremonial,  and  having  completely  recov- 
ered his  habitual  serenity  and  good  humour,  he  dismissed  the 
two  lords  with  a  jocose  threat  of  impeachment. 

At  half-past  two  o'clock  the  king  entered  his  state  carriage. 
It  was  remarked  that  the  guards  on  this  occasion  rode  wide 
of  it,  as  if  they  attended  as  a  matter  of  state  and  ceremony, 
and  not  as  being  needed  for  the  king's  protection.  Persons 
wishing  to  make  a  more  open  demonstration  of  their  feelings, 
were  allowed  to  pass  between  the  soldiers  and  approach  the 
royal  carriage.  One  of  these,  a  rough  sailorlike  person, 
pulled  off  his  hat,  and  waving  it  around  his  head,  shouted 
lustily,  "Turn  out  the  rogues,  your  Majesty."  Notwithstand- 
ing the  suddenness  with  which  the  resolution  to  dissolve  had 
been  taken,  the  news  had  already  spread  through  the  metrop- 
olis, an  immense  crowd  was  assembled,  and  the  king  was 
greeted  throughout  his  whole  progress  with  the  most  enthu- 
siastic shouts.  He  was  exceedingly  fond  of  popularity,  and 
these  acclamations  helped  to  reconcile  him  to  the  step  he  had 
been  compelled  to  take,  and  to  efface  the  unpleasant  impres- 
sion which  the  scene  which  had  so  recently  occurred  could 
not  fail  to  leave  behind  it. 

Meanwhile,  another  scene  of  a  far  more  violent  kind  was 
taking  place  in  the  House  of  Lords.  The  Chancellor  on 
leaving  the  king  went  down  to  the  House  to  hear  appeals. 
Having  gone  through  the  cause  list  he  retired,  in  the  hope 
that  he  should  thereby  prevent  Lord  Wharncliffe  from  bring- 
ing forward  his  motion.  But  the  opposition  lords  had  mus- 
tered in  great  force,  and  the  House  was  full  in  all  parts.  It 
is  usual  on  the  occasion  of  a  prorogation  by  the  sovereign, 
for  the  peers  to  appear  in  their  robes,  and  most  of  those 
present  wore  theirs,  but  owing  to  the  precipitation  with 
which  the  dissolution  had  been  decided  on,  several  peers, 
especially  on  the  opposition  s;c!e  of  the  House,  were  without 


526  SOURCE-BOOK  OF  ENGLISH  HISTORY 

them.  A  large  number  of  peeresses  in  full  dress,  and  of 
members  of  the  House  of  Commons  were  also  present.  And 
now  a  struggle  commenced  between  the  two  parties  into 
which  the  House  was  divided.  The  object  of  the  opposition 
was  to  press  Lord  Wharncliffe's  motion  before  the  king's 
arrival ;  the  supporters  of  the  ministry  wished  to  prevent  it 
from  being  passed.  The  firing  of  the  park  guns  announced 
thai  the  king  was  already  on  his  way  down  to  the  House,  and 
told  the  opposition  they  had  no  time  to  lose.  On  the  motion 
of  Lord  Mansfield,  the  Earl  of  Shaftesbury  presided,  in  the 
absence  of  the  Lord  Chancellor. 

The  Duke  of  Richmond,  in  order  to  baffle  the  opposition, 
moved  that  the  standing  order  which  required  their  lordships 
to  take  their  places  ehould  be  enforced.  The  opposition  saw 
at  once  that  this  motion  was  made  for  the  sake  of  delay,  and 
angrily  protested  against  it;  whereupon  the  duke  threatened 
to  call  for  the  enforcement  of  two  other  standing  orders 
which  prohibited  the  use  of  intemperate  and  threatening 
language  in  the  house.  Lord  Londonderry,  furious  with  in- 
dignation, broke  out  into  a  vehement  tirade  against  the  con- 
duct of  the  ministry,  and  thus  effectually  played  the  game  of 
his  opponents.  So  violent  was  the  excitement  which  pre- 
vailed at  this  time  in  the  House,  that  the  ladies  present  were 
terrified,  thinking  that  the  peers  would  actually  come  to 
blows.  At  length  Lord  Londonderry  was  persuaded  to  sit 
down,  and  Lord  Wharncliffe  obtained  a  hearing.  But  it  was 
too  late  to  press  his  motion,  and  he  contented  himself  with 
reading  it,  in  order  that  it  might  be  entered  on  the  journals 
of  the  House. 

At  this  conjuncture,  the  Lord  Chancellor  returned,  and  the 
moment  the  reading  of  the  address  was  concluded,  he  ex- 
claimed in  a  vehement  and  emphatic  tone  — 

"My  lords,  I  have  never  yet  heard  it  doubted  that  the 
king  possessed  the  prerogative  of  dissolving  Parliament  at 
pleasure,  still  less  have  I  ever  known  a  doubt  to  exist  on  the 
subject  at  a  moment  when  the  lower  House  have  thought  fit 
to  refuse  the  supplies."  Scarcely  had  he  uttered  these  words 
when  he  was  summoned  to  meet  the  king,  who  had  just  ar- 
rived and  was  in  the  robing  room ;  he  at  once  quitted  the 
House,  which  resounded  on  all  sides  with  cries  of  "hear"  and 
"the  king." 

This  tumult  having  in  some  degree  subsided,  Lord  Mans- 
field addressed  the  house,  regretting  the  scene  which  had 
just  occurred,  and  condemning  the  dissolution,  which  he 


PARLIAMENTARY  REFORM  527 

qualified  as  an  act  by  which  the  ministers  were  making  the 
sovereign  the  instrument  of  his  own  destruction. 

He  was  interrupted  by  another  storm  of  violence  and  con- 
fusion, which  was  at  length  appeased  by  the  announcement 
that  the  king  was  at  hand.  When  he  entered,  the  assembly 
had  recovered  its  usual  calm  and  decorous  tranquillity.  The 
members  of  the  House  of  Commons  having  been  summoned 
to  the  bar,  the  king,  in  a  loud  and  firm  voice,  pronounced  his 
speech,  which  commenced  with  the  following  words :  — 

"My  lords  and  gentlemen, 

"I  have  come  to  meet  you  for  the  purpose  of  proroguing 
this  Parliament,  with  a  view  to  its  immediate  dissolution. 

"I  have  been  induced  to  resort  to  this  measure  for  the 
purpose  of  ascertaining  the  sense  of  my  people,  in  the  way  in 
which  it  can  be  most  constitutionally  and  authentically  ex- 
pressed, on  the  expediency  of  making  such  changes  in  the 
representation  as  circumstances  may  appear  to  require,  and 
which,  founded  on  the  acknowledged  principles  of  the  consti- 
tution, may  tend  at  once  to  uphold  the  just  rights  and  pre- 
rogatives of  the  crown,  and  to  give  security  to  the  liberties  of 
the  people." 

(History  of  the  Reform  Bill,  ed.  cit.,  185.) 

220.    Passage  of  the  First  Reform  Bill 

Macaulay 

The  scenes  which  accompanied  the  passage  of  the  first  Re- 
form Bill  are  graphically  described  in  the  following  letter  from 
Lord  Macaulay.  The  writer  was  himself  an  ardent  supporter 
of  the  Bill,  and  he  thoroughly  entered  into  the  spirit  of  its 
triumph. 

PASSAGE    OF    THE    FIRST    REFORM    BILL 

London,  March  30th,  1831. 

Dear  Ellis,  —  I  have  little  news  for  you,  except  what  you 
will  learn  from  the  papers  as  well  as  from  me.  It  is  clear 
that  the  Reform  Bill  must  pass,  either  in  this  or  in  another 
Parliament.  The  majority  of  one  does  not  appear  to  me,  as 
it  does  to  you,  by  any  means  inauspicious.  We  should  per- 
haps have  had  a  better  plea  for  a  dissolution  if  the  majority 
had  been  the  other  way.  But  surely  a  dissolution  under  such 
circumstances  would  have  been  a  most  alarming  thing.  If 
there  should  be  a  dissolution  now,  there  will  not  be  that 
ferocity  in  the  public  mind  which  there  would  have  been  if 
the  House  of  Commons  had  refused  to  entertain  the  bill  at 


528  SOURCE-BOOK  OF  ENGLISH  HISTORY 

all.  I  confess  that,  till  we  had  a  majority,  I  was  half  in- 
clined to  tremble  at  the  storm  which  he  had  raised.  At 
present  I  think  that  we  are  absolutely  certain  of  victory,  and 
of  victory  without  commotion. 

Such  a  scene  as  the  division  of  last  Tuesday  I  never  saw, 
and  never  expect  to  see  again.  If  I  should  live  fifty  years, 
the  impression  of  it  will  be  as  fresh  and  sharp  in  my  mind 
as  if  it  had  just  taken  place.  It  was  like  seeing  Caesar 
stabbed  in  the  Senate-house,  or  seeing  Oliver  taking  the  mace 
from  the  table ;  a  sight  to  be  seen  only  once,  and  never  to  be 
forgotten.  The  crowd  overflowed  the  House  in  every  part. 
When  the  strangers  were  cleared  out,  and  the  doors  locked. 
we  had  six  hundred  and  eight  members  present  —  more  by 
fifty-five  than  ever  were  in  a  division  before.  The  ayes  and 
noes  were  like  two  volleys  of  cannon  from  opposite  sides  of  a 
field  of  battle.  When  the  opposition  went  out  into  the  lobby, 
an  operation  which  took  up  twenty  minutes  or  more,  we 
spread  ourselves  over  the  benches  on  both  sides  of  the 
House ;  for  there  were  many  of  us  who  had  not  been  able  to 
find  a  seat  during  the  evening.  When  the  doors  were  shut 
we  began  to  speculate  on  our  members.  Everybody  was 
desponding.  "We  have  lost  it.  We  are  only  two  hundred 
and  eighty  at  most.  I  do  not  think  we  are  two  hundred  and 
fifty.  They  are  three  hundred.  Alderman  Thompson  has 
counted  them.  He  says  they  are  two  hundred  and  ninety- 
nine."  This  was  the  talk  on  our  benches.  I  wonder  that 
men  who  have  been  long  in  Parliament  do  not  acquire  a 
better  coup  d'oeil  for  numbers.  The  House,  when  only  the 
ayes  were  in  it,  looked  to  me  a  very  fair  House  —  much  fuller 
than  it  generally  is  even  on  debates  of  considerable  inter- 
est. I  had  no  hope,  however,  of  three  hundred.  As  the 
tellers  passed  along  our  lowest  row  on  the  left-hand  side  the 
interest  was  insupportable  —  two  hundred  and  ninety-one  — 
two  hundred  and  ninety-two  —  we  were  all  standing  up  and 
stretching  forward,  telling  with  the  tellers.  At  three  hun- 
dred there  was  a  short  cry  of  joy  —  at  three  hundred  and  two 
another  —  suppressed,  however,  in  a  moment ;  for  we  did 
not  yet  know  what  the  hostile  force  might  be.  We  knew, 
however,  that  we  could  not  be  severely  beaten.  The  doors 
were  thrown  open  and  in  they  came.  Each  of  them,  as  he 
entered,  brought  some  different  report  of  their  numbers.  It 
must  have  been  impossible,  as  you  may  conceive,  in  the 
lobby,  crowded  as  they  were,  to  form  any  exact  estimate.  First 
we  heard  that  they  were  three  hundred  and  three;  then  that 


PARLIAMENTARY  REFORM  529 

number  rose  to  three  hundred  and  ten ;  then  they  went  down 
to  three  hundred  and  seven.  Alexander  Barry  told  me  that 
he  had  counted,  and  that  they  were  three  hundred  and  four. 
We  were  all  breathless  with  anxiety,  when  Charles  Wood, 
who  stood  near  the  door,  jumped  upon  a  bench  and  cried  out, 
"They  are  only  three  hundred  and  one."  We  set  up  a  shout 
that  you  might  have  heard  to  Charing  Cross,  waving  our 
hats,  stamping  against  the  floor,  and  clapping  our  hands. 
The  tellers  scarcely  got  through  the  crowd ;  for  the  House 
was  thronged  up  to  the  table,  and  all  the  floor  was  fluctua- 
ting with  heads  like  the  pit  of  a  theatre.  But  you  might  have 
heard  a  pin  drop  as  Duncannon  read  the  members.  Then 
again  the  shouts  broke  out,  and  many  of  us  shed  tears.  I 
could  scarcely  refrain.  And  the  jaw  of  Peel  fell;  and  the 
face  of  Twiss  was  as  the  face  of  a  damned  soul ;  and  Herries 
looked  like  Judas  taking  his  neck-tie  off  for  the  last  opera- 
tion. We  shook  hands  and  clapped  each  other  on  the  back, 
and  went  out  laughing,  crying,  and  huzzaing  into  the  lobby. 
And  no  sooner  were  the  outer  doors  opened  than  another 
shout  answered  that  within  the  House.  All  the  passages 
and  the  stairs  into  the  waiting-rooms  were  thronged  by 
people  who  had  waited  till  four  in  the  morning  to  know  the 
issue.  We  passed  through  a  narrow  lane  between  two  thick 
masses  of  them;  and  all  the  way  down  they  were  shouting 
and  waving  their  hats,  till  we  got  into  the  open  air.  I  called 
a  cabriolet,  and  the  first  thing  the  driver  asked  was,  "Is  the 
bill  carried?"  "Yes,  by  one."  "Thank  God  for  it,  sir!" 
And  away  I  rode  to  Gray's  Inn  —  and  so  ended  a  scene  which 
will  probably  never  be  equalled  till  the  reformed  Parliament 
wants  reforming;  and  that  I  hope  will  not  be  till  the  days  of 
our  grandchildren  —  till  that  truly  orthodox  and  apostolical 
person,  Dr.  Francis  Ellis,  is  an  archbishop  of  eighty. 

(Life  and  Letters  of  Lord  Macaulay,  ed.  Trevelyan,  Lond.,  1897,  I,  201.) 


CHAPTER    XXXII 

CHARTISM,   AND    CORN-LAW    REPEAL 

221.    The  First  National  Petition 

Gammage 

The  first  petition  drawn  up  in  1838  by  the  Chartists,  although 
not  that  subsequently  presented  to  the  House  of  Commons,  well 
defines  the  motives  and  purposes  of  the  movement.  One  of  the 
six  points  demanded  —  that  of  equal  representation  —  was  omit- 
ted ;  perhaps  because  it  was  deemed  a  corollary  of  universal 
suffrage.  This  petition  was  the  first  definition  of  the  spirit  of 
the  movement,  and  formed  a  basis  for  the  petitions  which  were 
afterward  drafted  and  presented. 

"To  the  Honourable  the  Commons  of  Great  Britain  and 
Ireland,  in  Parliament  assembled,  the  Petition  of  the  under- 
signed, their  suffering  countrymen, 

"HUMBLY  SHOWETH, — 

"That  we,  your  petitioners,  dwell  in  a  land  whose  mer- 
chants are  noted  for  their  enterprise,  whose  manufacturers 
are  very  skilful,  and  whose  workmen  are  proverbial  for  their 
industry.  The  land  itself  is  goodly,  the  soil  rich,  and  the 
temperature  wholesome.  It  is  abundantly  furnished  with  the 
materials  of  commerce  and  trade.  It  has  numerous  and  con- 
venient harbours.  In  facility  of  internal  communication  it 
exceeds  all  others.  For  three  and  twenty  years  we  have  en- 
joyed a  profound  peace.  Yet,  with  all  the  elements  of  na- 
tional prosperity,  and  with  every  disposition  and  capacity  to 
take  advantage  of  them,  we  find  ourselves  overwhelmed  with 
public  and  private  suffering.  We  are  bowed  down  under  a 
load  of  taxes,  which,  notwithstanding,  fall  greatly  short  of  the 
wants  of  our  rulers.  Our  traders  are  trembling  on  the  verge 
of  bankruptcy;  our  workmen  are  starving.  Capital  brings  no 
profit,  and  labour  no  remuneration.  The  home  of  the  artif- 
icer is  desolate,  and  the  warehouse  of  the  pawnbroker  is  full. 
The  workhouse  is  crowded,  and  the  manufactory  is  deserted. 

530 


CHARTISM,  AND  CORN-LAW  REPEAL  531 

We  have  looked  on  every  side;  we  have  searched  diligently 
in  order  to  find  out  the  causes  of  distress  so  sore  and  so  long 
continued.  We  can  discover  none  in  nature  or  in  Provi- 
dence. Heaven  has  dealt  graciously  by  the  people,  nor  have 
the  people  abused  its  grace,  but  the  foolishness  of  our  rulers 
has  made  the  goodness  of  our  God  of  none  effect.  The  ener- 
gies of  a  mighty  kingdom  have  been  wasted  in  building  up 
the  power  of  selfish  and  ignorant  men,  and  its  resources 
squandered  for  their  aggrandisement.  The  good  of  a  part 
has  been  advanced  at  the  sacrifice  of  the  good  of  the  nation. 
The  few  have  governed  for  the  interest  of  the  few,  while  the 
interests  of  the  many  have  been  sottishly  neglected,  or  in- 
solently and  tyrannously  trampled  upon.  It  was  the  fond 
expectation  of  the  friends  of  the  people  that  a  remedy  for  the 
greater  part,  if  not  for  the  whole  of  their  grievances,  would 
be  found  in  the  Reform  Act  of  1832.  They  regarded  that 
Act  as  a  wise  means  to  a  worthy  end,  as  the  machinery  of  an 
improved  legislation,  where  the  will  of  the  masses  would  be 
at  length  potential.  They  have  been  bitterly  and  basely  de- 
ceived. The  fruit  which  looked  so  fair  to  the  eye,  has  turned 
to  dust  and  ashes  when  gathered.  The  Reform  Act  has  effected 
a  transfer  of  power  from  one  domineering  faction  to  another, 
and  left  the  people  as  helpless  as  before.  Our  slavery  has 
been  exchanged  for  an  apprenticeship  to  liberty,  which  has 
aggravated  the  painful  feelings  of  our  social  degradation,  by 
adding  to  them  the  sickening  of  still  deferred  hope.  We 
come  before  your  honourable  house  to  tell  you,  with  all  hu- 
mility, that  this  state  of  things  must  not  be  permitted  to  con- 
tinue. That  it  cannot  long  continue,  without  very  seriously 
endangering  the  stability  of  the  throne,  and  the  peace  of  the 
kingdom,  and  that  if,  by  God's  help,  and  all  lawful  and  con- 
stitutional appliances,  an  end  can  be  put  to  it,  we  are  fully 
resolved  that  it  shall  speedily  come  to  an  end.  We  tell  your 
honourable  house,  that  the  capital  of  the  master  must  no 
longer  be  deprived  of  its  due  profit ;  that  the  labour  of  the 
workman  must  no  longer  be  deprived  of  its  due  reward. 
That  the  laws  which  make  food  dear,  and  the  laws  which 
make  money  scarce,  must  be  abolished.  That  taxation  must 
be  made  to  fall  on  property,  not  on  industry.  That  the 
good  of  the  many^as  it  is  the  only  legitimate  end,  so  must  it 
be  the  sole  study  of  the  government.  As  a  preliminary  es- 
sential to  these  and  other  requisite  changes  —  as  the  means 
by  which  alone  the  interests  of  the  people  can  be  effectually 
vindicated  and  secured,  we  demand  that  those  interests  be 


532  SOURCE-BOOK  OF  ENGLISH  HISTORY 

confided  to  the  keeping  of  the  people.  When  the  State  calls 
for  defenders,  when  it  calls  for  money,  no  consideration  of 
poverty  or  ignorance  can  be  pleaded  in  refusal  or  delay  of  the 
call.  Required,  as  we  are  universally,  to  support  and  obey 
the  laws,  nature  and  reason  entitle  us  to  demand  that  in  the 
making  of  the  laws  the  universal  voice  shall  be  implicitly 
listened  to.  We  perform  the  duties  of  freemen;  we  must 
have  the  privileges  of  freemen.  Therefore,  we  demand 
universal  suffrage.  The  suffrage,  to  be  exempt  from  the 
corruption  of  the  wealthy  and  the  violence  of  the  powerful, 
must  be  secret.  The  assertion  of  our  right  necessarily  in- 
volves the  power  of  our  uncontrolled  exercise.  We  ask  for 
the  reality  of  a  good,  not  for  its  semblance,  therefore  we 
demand  the  ballot.  The  connection  between  the  Representa- 
tives and  the  people,  to  be  beneficial,  must  be  intimate.  The 
legislative  and  constituent  powers,  for  correction  and  for 
instruction,  ought  to  be  brought  into  frequent  contact.  Er- 
rors which  are  comparatively  light,  when  susceptible  of  a 
speedy  popular  remedy,  may  produce  the  most  disastrous 
effects  when  permitted  to  grow  inveterate  through  years 
of  compulsory  endurance.  To  public  safety,  as  well  as 
public  confidence,  frequent  elections  are  essential.  There- 
fore, we  demand  annual  parliaments.  With  power  to  choose, 
and  freedom  in  choosing,  the  range  of  our  choice  must  be 
unrestricted.  We  are  compelled,  by  the  existing  laws,  to 
take  for  our  representatives  men  who  are  incapable  of  ap- 
preciating our  difficulties,  or  have  little  sympathy  with 
them ;  merchants  who  have  retired  from  trade  and  no  longer 
feel  its  harrassings ;  proprietors  of  land  who  are  alike  igno- 
rant of  its  evils  and  its  cure ;  lawyers  by  whom  the  notoriety 
of  the  senate  is  courted  only  as  a  means  of  obtaining  notice 
in  the  courts.  The  labours  of  a  representative  who  is  sed- 
ulous in  the  discharge  of  his  duty  are  numerous  and  burden- 
some. It  is  neither  just,  nor  reasonable,  nor  safe,  that  they 
should  continue  to  be  gratuitously  rendered.  We  demand 
that  in  the  future  election  of  members  of  your  honourable 
house,  the  approbation  of  the  constituency  shall  be  the  sole 
qualification,  and  that  to  every  representative  so  chosen,  shall 
be  assigned  out  of  the  public  taxes,  a  fair  and  adequate  re- 
muneration for  the  time  which  he  is  called  upon  to  devote 
to  the  public  service.  The  management  of  this  mighty  king- 
dom has  hitherto  been  a  subject  for  contending  factions  to 
try  their  selfish  experiments  upon.  We  have  felt  the  con- 
sequences in  our  sorrowful  experience.  Short  glimmerings 


CHARTISM,  AND  CORN-LAW  REPEAL  533 

of  uncertain  enjoyment,  swallowed  up  by  long  and  dark 
seasons  of  suffering.  If  the  self-government  of  the  people 
should  not  remove  their  distresses,  it  will,  at  least  remove 
their  repmmgs.  Universal  suffrage  will,  and  it  only  can, 
bring  true  and  lasting  peace  to  the  nation ;  we  firmly  believe 
that  it  will  also  bring  prosperity.  May  it  therefore  please 
your  honourable  house,  to  take  this  our  petition  into  your 
most  serious  consideration,  and  to  use  your  utmost  endeav- 
ours, by  all  constitutional  means,  to  have  a  law  passed,  grant- 
ing to  every  male  of  lawful  age,  sane  mind,  and  unco'nvicted 
of  crime,  the  right  of  voting  for  members  of  parliament  to 
and  directing  all  future  elections  of  members  of  Parliament  to 
be  in  the  way  of  secret  ballot,  and  ordaining  that  the  duration 
of  Parliament,  so  chosen,  shall  in  no  case  exceed  one  year, 
and  abolishing  all  property  qualifications  in  the  members, 
and  providing  for  their  due  remuneration  while  in  attendance 
on  their  parliamentary  duties. 

"And  your  petitioners  shall  ever  pray." 

(History  of  the  Chartist  Movement,  R.  G.  Gammage,  London,  1894.  p.  87.) 

222.   Presentation  of  the  National  Petition 

Gammage 

The  climax  of  the  Chartist  movement  occurred  upon  April  loth, 
1848  the  date  of  the  presentation  of  the  "monster  petition."  The 
apprehension  of  the  Government,  the  attitude  of  Parliament,  and 
die  motives  and  actions  of  the  leaders  of  the  Chartists  are  well 
shown  by  the  following  selection  from  the  works  of  a  prominent 
agitator. 

The  ever  memorable  loth  of  April  arrived,  and  vast  prep- 
arations were  made  by  the  Government.  Beside  the  regular 
troops  quartered  in  the  metropolis,  others  poured  in  from 
Windsor,  Hounslow,  Chichester,  Chatham,  Winchester,  and 
Dover.  The  marines  and  sailors  of  the  Royal  Navy  at 
Sheerness,  Chatham,  Birkenhead,  Spithead,  and  other  govern- 
ment towns,  as  well  as  the  dockyard  men,  were  kept  under 
arms.  The  Thames  police  kept  watch  upon  the  mercantile 
marine,  lest  they  should  show  any  leaning  towards  the 
Chartists.  Heavy  gun-batteries  were  brought  from  Wool- 
wich, and  placed  at  various  points.  The  marines  were 
stationed  at  the  Admiralty.  Many  of  the  troops  were  dis- 
posed of  secretly,  to  be  ready  in  case  of  necessity.  The 
mounted  police  were  armed  with  broad  swords  and  pistols. 
All  the  public  buildings  were  put  in  a  state  of  defence.  Two 
thousand  stand-of-arms  were  supplied  to  the  general  post- 
office,  for  the  use  of  the  clerks  and  officers  of  that  depart- 
ment, who  were  all  sworn  in  as  special  constables;  and  the 


534  SOURCE-BOOK  OF  ENGLISH  HISTORY 

officials  at  other  public  places  were  equally  well  provided. 
All  the  steam  vessels  were  ordered  to  be  ready  for  any 
emergency,  in  order  to  convey  troops.  At  the  Tower  the  guns 
were  examined,  the  battlements  strengthened  by  barricades, 
and  the  troops  held  in  readiness  to  march  at  a  minute's  notice. 
The  labourers  at  the  docks  were  sworn  in  as  specials.  The 
city  prisons  were  guarded  by  military,  and  the  churches  were 
converted  into  barracks.  The  public  vehicles  were  generally 
withdrawn  from  the  streets.  In  the  city  seventy  thousand 
persons  were  sworn  in  as  special  constables,  and  military 
officers  commanded  them.  The  royal  carriages  and  horses, 
and  other  valuables,  were  removed  from  the  palace.  The 
military  force  amounted  to  nine  thousand  men.  It  being 
believed  that  the  procession  would  go  from  Kennington  Com- 
mon over  Blackfriars  Bridge,  to  the  House  of  Commons, 
great  preparations  were  made  in  that  quarter.  At  Stepney 
Green,  Finsbury-square,  and  Russell-square,  bodies  of  the 
Chartists  met  with  bands  and  banners,  and  paraded  the 
streets  on  their  way  to  Kennington  Common,  where  six 
thousand  police,  and  eight  thousand  specials  were  in  atten- 
dance. Before  eleven  o'clock  Trafalgar-square  was  filled 
with  police.  The  approaches  of  Westminster  Bridge  were, 
on  the  Surrey  side,  guarded  by  strong  bodies  of  that  force, 
and  the  bridge  was  placarded  with  bills,  announcing  that  no 
procession  would  be  allowed  to  accompany  the  Petition  to 
the  House.  Every  commodious  place  in  the  vicinity  was 
filled  with  military,  police,  or  specials.  The  artillery  was  also 
present.  Various  bodies  continued  to  arrive  on  the  Common 
with  music  and  banners,  bearing  various  inscriptions,  such  as 
"Liberty,  Equality,  Fraternity";  "Ireland  for  the  Irish."  The 
Convention  assembled  at  nine  o'clock,  Reynolds  occupying 
the  chair.  The  delegates'  names  were  called.  When  the 
name  of  Bronterre  O'Brien  was  called,  McCarthy  said  he 
understood  O'Brien  had  resigned,  and  he  wished  to  know 
when  he  attended  last.  Doyle  said  they  had  no  notice  of  his 
resignation  officially,  and  he  had  not  attended  since  the  day 
before  the  proclamation  was  issued  from  the  Government. 
Doyle  also  announced  that  he  had  received  a  letter  from  the 
Commissioner  of  Police,  in  reply  to  one  sent  by  him  that  the 
route  of  procession  was  altered.  The  letter  stated  that  the 
contemplated  procession  would  on  no  account  be  allowed  to 
take  place.  O'Connor  delivered  a  precautionary  speech ; 
took  the  blame  off  the  Government  for  the  preparations  they 
had  made,  and  charged  it  upon  those  who  had  talked  of  an 


CHARTISM,  AND  CORN-LAW  REPEAL  535 

armed  demonstration.  He  said  he  was  prepared  to  ask  the 
meeting  "in  the  name  of  courage,  in  the  name  of  justice,  in 
the  name  of  God,  not  to  hold  the  procession,  and  thus  throw 
their  great  cause  into  the  hands  of  the  pickpockets  and 
scoundrels,  and  give  the  Government  an  opportunity  of 
attacking  them."  He  then  stated  that  the  preparations  had 
been  made  for  shooting  from  certain  windows  on  the  leaders 
of  the  movement.  He  was  told  this  by  Alderman  Humphery 
in  the  House  of  Commons,  by  the  police,  and  others.  The 
delegates  started  from  the  Convention  Room  at  ten  o'clock. 
The  procession  was  headed  by  a  car,  decorated  with  various 
banners,  and  drawn  by  four  horses.  This  car  was  to  convey 
the  National  Petition.  This  was  followed  by  a  second  car, 
drawn  by  six  horses,  and  containing  the  delegates.  On  the 
front  seat  were  Feargus  O'Connor,  Doyle,  McGrath,  Jones, 
Wheeler,  and  Harney.  This  car,  like  the  preceding  one,  was 
profusely  decorated.  As  the  delegates  left  a  body  of  people 
fell  into  procession  behind  them,  eight  abreast.  Having 
arrived  at  the  National  Land  Company's  office,  the  proces- 
sion stopped  to  take  up  the  petition.  This  accomplished,  the 
procession  resumed  its  march  through  Holborn,  Farringdon- 
street,  and  New  Bridge-street,  to  Blackfriar's  Bridge.  Two 
or  three  hundred  pensioners  were  on  the  Steamboat  Pier, 
who,  on  being  recognised,  were  loudly  cheered  by  the  people 
in  the  procession.  Quite  as  many  police  were  on  the  other 
side  of  the  Bridge,  and  a  little  further  on  were  fifty  mounted 
police  with  cutlasses.  As  far  as  the  Blackfriar's-road  most 
of  the  shops  were  open,  but  from  the  Bridge  they  were  mostly 
closed.  The  procession  at  length  reached  the  Common, 
where  the  several  bodies  of  men,  with  their  bands  and  ban- 
ners, formed  into  a  dense  mass,  estimated  at  from  one  hun- 
dred and  fifty  thousand  to  one  hundred  and  seventy  thousand, 
and  who  burst  into  loud  cheering  as  the  delegates'  car  came 
upon  the  Common. . . . 

. . .  The  meeting  being  at  an  end,  the  Petition  was  placed 
in  three  cabs,  and  the  Chartist  Executive  accompanied  it  to 
the  House  of  Commons.  The  police  guarded  the  bridges, 
and  for  upwards  of  an  hour  after  the  meeting,  prevented  any 
approach  on  the  part  of  the  people.  Some  endeavoured  to 
effect  a  passage,  but  the  police  used  their  staves,  often  with 
very  little  moderation.  The  masses  did  not,  however,  risk 
a  collision  with  the  police,  and  considering  the  excitement 
previously  existing,  the  day  passed  off  in  a  singularly  peace- 
ful manner. 


536  SOURCE-BOOK  OF  ENGLISH  HISTORY 

On  the  same  day  O'Connor  presented  the  Petition  to  the 
House,  which  he  stated  was  signed  by  five  million  seven 
hundred  thousand  persons.  He  also  presented  one  for  the 
same  object,  signed  by  thirty  thousand  persons.  He  moved 
that  the  first  Petition  be  read  by  the  clerk  at  the  table,  which 
was  accordingly  done.  Lord  Morpeth  stated  that  Sir  George 
Grey  was  unavoidably  absent  on  account  of  business;  but  he 
might  say  for  him,  that  whatever  might  be  his  sentiments 
on  the  prayer  of  the  Petition,  he  would  not  wish  to  appear 
wanting  in  respect  to  that  or  any  other  petition,  signed  by 
a  large  number  of  his  fellow-subjects.  The  Petition  being 
rolled  out  of  the  House,  Bright  presented  a  petition  from 
delegates  at  Manchester,  representing  six  thousand  persons, 
praying  for  the  six  points  of  the  Charter;  the  abolition  of 
the  law  of  entail  and  primogeniture ;  a  limitation  of  the 
hours  of  labour ;  and  local  boards  for  the  regulation  of  wages. 
Lushington  gave  notice  that  on  Friday  next  he  would  ask 
whether  it  was  the  intention  of  the  Government  to  introduce 
any  measure  of  parliamentary  reform  during  the  session. . . . 

On  the  same  day  that  the  last  three  motions  were  adopted, 
an  important  scene  occurred  in  the  House  of  Commons  on 
the  subject  of  the  National  Petition.  Thornley  brought  up 
a  report  from  the  Committee  on  public  petitions.  He  stated 
that  with  the  assistance  of  thirteen  law  stationer's  clerks,  the 
petition  which  O'Connor  had  said  contained  five  million  seven 
hundred  thousand  signatures,  had  been  examined,  and  it  was 
found  to  contain  only  one  million  nine  hundred  and  seventy- 
five  thousand  four  hundred  and  ninety-six,  and  amongst  the 
rest  were  signatures  such  as  Victoria  Rex,  the  Duke  of  Wel- 
lington, Sir  Robert  Peel,  Colonel  Sibthorpe,  etc.  There  were 
also  a  large  number  of  fictitious  names,  such  as  Pugnose, 
Longnose,  Flatnose,  Punch,  Snooks,  Fubbs,  and  other  obscene 
names,  which  he  would  not  offend  the  House  or  its  dignity 
by  repeating.  O'Connor  denied  that  it  would  be  possible  for 
thirteen  clerks  to  count  one  million  nine  hundred  thousand 
signatures  in  the  time,  and  moved  for  a  committee  to  enquire 
into  the  subject.  He  attributed  the  fictitious  names  to 
Government  spies.  He  believed  the  number  of  signatures 
he  had  stated  was  correct.  He  did  not  believe  he  should 
have  any  difficulty  in  obtaining  fifteen  million  or  double  or 
treble  that  number.  Thornley  said  the  Committee  was  not 
appointed  specially  to  examine  that  Petition,  but  it  was  ap- 
pointed in  the  early  part  of  the  session,  to  examine  all  peti- 
tions presented  to  the  House,  O'Connor  had  stated  that  the 


CHARTISM,  AND  CORN -LAW  REPEAL  537 

Petition  was  contained  in  four  large  bundles,  and  it  took 
himself  and  four  other  persons  to  lift  the  largest.  The  Peti- 
tion had  been  weighed  that  morning,  and  was  found  to  weigh 
5cwt.  48  Ibs.  The  Committee  was,  he  trusted,  too  well  known 
to  render  any  further  statement  necessary.  Lord  John  Rus- 
sel  expressed  himself  satisfied  with  the  report.  The  Earl 
of  Arundel  and  Surrey,  Maurice  O'Connell,  and  Sir  R.  H. 
Inglis  having  spoken,  Cripps,  one  of  the  Committee,  got  up 
and  confirmed  the  statement  of  Thornley,  and  stated  out  of 
ten  thousand  signatures,  eight  thousand  two  hundred  were 
women.  He  made  some  strong  remarks  upon  O'Connor,  who 
replied  that  he  could  not  be  answerable  for  every  signature 
contained  in  the  Petition.  He  had  palmed  no  falsehood  upon 
the  House,  nor  had  he  charged  the  Committee  with-practising 
a  deception.  After  he  had  spoken  O'Connor  left  the  House. 

(History  of  the  Chartist  Movement,  ed.  cit.,  p.  312.) 


223.    Suffering  of  the  "Lower  Classes" 

Contemporary  Newspaper 

The  following  letter  to  the  Sun  throws  powerful  light  upon 
the  sufferings  of  the  English  poor  in  the  days  of  Chartism  and 
Reform.  The  description  of  the  poverty  of  the  lower  classes 
is  as  vivid  as  it  is  painful,  and  the  prophecy  with  which  the 
letter  concludes  shows  the  impression  made  by  the  conditions 
of  the  times  upon  men  of  thought. 

Sir, — I  have  been  at  the  siege  of  Bolton — for  nothing  but 
some  such  cause  suggests  itself  as  adequate  to  the  phenome- 
non. And  is  it  not  a  siege  ?  Not  carried  on  perhaps  by  any 
enemy  within  gun-shot,  but  by  one  working  on  a  wider 
radius,  and  making  his  blockade  by  sea  upon  the  means  of 
life. 

Many  sights  it  has  been  my  chance  to  see.  I  think  I  know 
what  is  the  minimum  of  help  by  which  horse,  ass,  dog,  hog, 
or  monkey,  can  sustain  existence,  and  when  it  must  go  out 
for  want  of  appliances  and  means  of  living.  But  anything 
like  the  squalid  misery,  the  slow,  mouldering,  putrefying 
death,  by  which  the  weak  and  the  feeble  of  the  working 
classes  are  perishing  here,  it  never  befel  my  eyes  to  behold, 
nor  my  imagination  to  conceive.  And  the  creatures  seem  to 
have  no  idea  of  resisting  or  even  repining.  They  sit  down 
with  Oriental  submission,  as  if  it  was  God,  and  not  the  land- 
lord, that  was  laying  hand  upon  them.  And  when  their 
honourable  representative  in  Parliament  gave  a  description 


538  SOURCE-BOOK  OF  ENGLISH  HISTORY 

of  their  sufferings,  "liar"  was  the  best  word  applied  to  him 
by  the  organs  of  tyranny. 

Did  you  ever  set  your  eyes  on  a  pennyworth  of  mutton  ? 
Come  here,  and  you  shall  see  how  rations  are  served  out 
under  the  landlord's  state  of  siege.  It  might  bait  a  rat-trap ; 
though  a  well-fed  rat  would  hardly  risk  his  personalities  for 
such  a  pittance.  Pennyworths  of  mutton,  and  halfpenny- 
worths of  bread  cut  off  the  loaf,  are  what  the  shopkeepers 
of  Bolton  deal  out  to  the  inhabitants  of  their  Jerusalem.  I 
saw  a  woman  come  for  one  halfpenny-worth  of  bread,  which 
was  to  be  the  dinner  of  herself  and  her  children  twain;  and 
when  I  reflected  that  of  this  transparent  slice  the  other  one 
was  gone  to  buy  the  landlord's  sack,  astonishment  possessed 
me  at  the  endurance  of  that  long-bearing  ass  the  public,  and 
the  extent  to  which  ignorance  and  divisions  will  prop  the 
rich  man's  robbery. 

I  saw  another  mother  of  a  family,  who  said  she  had  not 
tasted  meat  for  many  months ;  and  on  one  of  the  children 
being  sent  off  to  the  butcher's  for  some  of  the  strange  luxury, 
she  was  discovered  making  many  efforts  to  intercept  the 
messenger.  Her  anxiety  was  to  instruct  the  boy  to  bring 
back  nothing  but  one  pennyworth  of  bacon ;  there  was  a  to- 
morrow, and  to-morrow,  and  to-morrow,  for  which  she  had 
conceived  the  idea  of  spinning  out  existence  by  means  of  the 
remainder  of  the  funds. 

If  you  are  curious  in  human  misery,  if  you  are  anxious 
to  know  what  a  shabby  tyranny  can  bring  the  rank  and  file 
to  suffer,  come,  at  your  leisure,  to  the  "leaguer"  of  Bolton, 
and  see  what  the  people  sleep  upon,  if  they  do  sleep.  Chopped 
dirt,  the  sweepings  of  a  henhouse,  mingled  with  a  portion 
of  sparrows'  nests,  to  show  that  men  had  heard  of  straw, 
would  be  the  best  representatives  of  what  they  huddle  upon 
in  corners,  and  call  it  resting.  And  all  this  because  Sir 
Having  Greedy  votes  in  the  House  of  Commons  for  closing 
honest  trade,  as  the  means  of  doubling  his  rents.  The  min- 
ister, meanwhile,  and  his  associates,  are  racking  their  tender 
hearts  to  find  a  remedy.  As  in  O'Connell's  celebrated  story 
of  the  horse,  "Will  they  try  corn?"  They  will  try  anything 
except  allow  the  sufferers  to  keep  themselves,  for  that  would 
interfere  with  the  plans  of  those  who,  being  rich  already,  use 
their  riches  as  a  means  of  doubling  them  by  confiscation  of 
the  poor  man's  bread. 

There  is  danger  in  their  schemes.  Already  people  of  all 
kinds  are  parodying  the  sentiment  of  the  Italians  —  "-Ad 


CHARTISM,  AND  CORN-LAW  REPEAL  539 

ogni  nomo  puzza  qncsto  barbaro  dominio"  which  may  be 
translated  for  English  use,  "  Neither  man  nor  woman  will 
endure  this  dynasty  of  clodhoppers."  It  wants  nothing  but 
the  privates  of  the  regiment  to  know  what  hurts  them,  and 
to  get  rid  (as  they  are  doing  fast)  of  the  various  false  lights 
thrown  out  to  induce  them  to  run  in  every  direction  that  will 
preserve  the  evil;  and  a  quicker  end  than  pleasant  may  be 
put  to  mischiefs,  which  nobody  would  remove  by  an  earlier 
application  of  the  prudential  virtues. 

(Recollections  of  Richard  Cobden  and  the  Anti-Corn  Law  League, 
H.  Ashworth,  Lond.  p.  36.) 

224.    Repeal  of  the  Corn  Law 

Levi 

The  Anti-Corn-Law  movement  finally  met  with  the  success 
it  merited,  though  not  without  encountering  fierce  opposition. 
The  landed  interest  was  inimical,  almost  as  a  unit.  Legislation 
in  the  interest  of  the  masses  found  little  favour  among  the 
upper  classes  of  England  at  that  period,  and  the  voice  of  the 
multitude,  reduced  to  the  borders  of  starvation,  was  long  raised 
in  vain.  Sir  Robert  Peel's  defection  from  the  opponents  of  the 
Bill  largely  aided  its  ultimate  passage,  but  to  Cobham  and  Bright 
belong  the  greatest  meed  of  praise  for  the  final  triumph  of  the 
cause  of  the  people. 

The  Anti-Corn-Law  agitation  was  one  of  those  movements 
which,  being  founded  on  right  principles,  and  in  harmony 
with  the  interests  of  the  masses,  was  sure  to  gather  fresh 
strength  by  any  event  affecting  the  supply  of  food.  It  was 
popular  to  attempt  to  reverse  a  policy  which  aimed  almost 
exclusively  to  benefit  one  class  of  society. . . .  The  economic 
theorists  had  the  mass  of  the  people  with  them.  Their 
gatherings  were  becoming  more  and  more  enthusiastic.  And 
even  amidst  Conservative  landowners  there  were  not  a  few 
enlightened  and  liberal  minds  who  had  already,  silently  at 
least,  espoused  the  new  ideas.  No  change  certainly  could 
be  expected  so  long  as  bread  was  cheap  and  labour  abund- 
ant. But  when  a  deficient  harvest  and  a  blight  in  the 
potato  crop  crippled  the  resources  of  the  people  and  raised 
grain  to  famine  prices,  the  voice  of  the  League  acquired 
greater  power  and  influence.  Hitherto  they  had  received 
hundreds  of  pounds.  Now,  thousands  were  sent  in  to  sup- 
port the  agitation.  A  quarter  of  a  million  was  readily  con- 
tributed. Nor  were  the  contributors  Lancashire  mill-owners 
exclusively.  Among  them  were  merchants  and  bankers,  men 
of  heart  and  men  of  mind,  the  poor  labourer  and  the  peer  of 


540  SOURCE-BOOK  OF  ENGLISH  HISTORY 

the  realm.  The  fervid  oratory  of  Bright,  the  demonstrative 
and  argumentative  reasoning  of  Cobden,  the  more  popular 
appeals  of  Fox,  Rawlins,  and  other  platform  speakers,  filled 
the  newspaper  press,  and  were  eagerly  read.  And  when 
parliament  dissolved  in  August  1845,  even  Sir  Robert  Peel 
showed  some  slight  symptoms  of  a  conviction  that  the  days 
of  the  corn  laws  were  numbered.  Every  day,  in  truth, 
brought  home  to  his  mind  a  stronger  need  for  action,  and  as 
the  ravages  of  the  potato  disease  progressed,  he  saw  that  all 
further  resistance  would  be  absolutely  dangerous.  A  cabinet 
council  was  held  on  October  31  to  consult  as  to  what 
was  to  be  done,  and  at  an  adjourned  meeting  on  Novem- 
ber 5  Sir  Robert  Peel  intimated  his  intention  to  issue  an 
order  in  council  remitting  the  duty  on  grain  in  bond  to  one 
shilling,  and  opening  the  ports  for  the  admission  of  all 
species  of  grain  at  a  smaller  rate  of  duty  until  a  day  to  be 
named  in  the  order;  to  call  parliament  together  on  the 
27th  inst.,  to  ask  for  an  indemnity,  and  a  sanction  of  the 
order  by  law;  and  to  submit  to  parliament  immediately 
after  the  recess  a  modification  of  the  existing  law,  including 
the  admission  at  a  nominal  duty  of  Indian  corn  and  of 
British  colonial  corn.  A  serious  difference  of  opinion,  how- 
ever, was  found  to  exist  in  the  cabinet  on  the  question  brought 
before  them,  the  only  ministers  supporting  such  measures 
being  the  Earl  of  Aberdeen,  Sir  James  Graham,  and  Mr. 
Sidney  Herbert.  Nor  was  it  easy  to  induce  the  other  mem- 
bers to  listen  to  reason.  And  though  at  a  subsequent  meet- 
ing, held  on  November  28,  Sir  Robert  Peel  so  far  secured 
a  majority,  it  was  evident  that  the  cabinet  was  too  divi- 
ded to  justify  him  in  bringing  forward  his  measures,  and 
he  decided  upon  resigning  office.  This  resolution  having 
been  communicated  to  the  Queen,  her  Majesty  summoned 
Lord  John  Russell  to  form  a  cabinet,  and,  to  smooth  his 
path,  Sir  Robert  Peel,  with  characteristic  frankness,  sent 
a  memorandum  to  her  Majesty  embodying  a  promise  to 
give  him  his  support.  But  Lord  John  Russell  failed  in 
his  efforts,  and  the  Queen  had  no  alternative  but  to  recall 
Sir  Robert  Peel,  and  give  him  full  power  to  carry  out  his 
measures.  It  was  under  such  circumstances  that  Parliament 
was  called  for  January  22,  1846,  and  on  January  27  the 
government  plan  was  propounded  before  a  crowded  house. 
It  was  not  a  immediate  repeal  of  the  corn  laws  that  Sir 
Robert  Peel  recommended.  He  proposed  a  temporary  pro- 
tection for  three  years,  till  February  i,  1849,  imposing  a 


CHARTISM,  AND  CORN -LAW  REPEAL  541 

scale  during  that  time  ranging  from  43.  when  the  price  of 
wheat  should  be  503.  per  quarter  and  upward,  and  los.  when 
the  price  of  wheat  should  be  under  485.  per  quarter,  and 
that  after  that  period  all  grain  should  be  admitted  at  the 
uniform  duty  of  is.  per  quarter.  The  measure,  as  might 
have  been  expected,  was  received  in  a  very  different  manner 
by  the  political  parties  in  both  Houses  of  Parliament.  There 
was  treason  in  the  conservative  camp,  and  keen  and  bitter 
was  the  opposition  they  offered  to  their  chief.  For  twelve 
nights  speaker  after  speaker  indulged  in  personal  recrimina- 
tions. They  recalled  to  Sir  Robert  Peel's  memory  the 
speeches  he  had  made  in  defence  of  the  corn  laws.  And  as 
to  his  assertion  that  he  had  changed  his  mind,  they  denied 
his  right  to  do  so. 

. . .  The  passing  of  the  measure  was,  however,  more  than 
certain,  and  after  a  debate  of  twelve  nights'  duration  on  Mr. 
Miles,  amendment,  the  Government  obtained  a  majority  of 
97,  337  having  voted  for  the  motion  and  240  against  it.  And 
from  that  evening  the  corn  law  may  be  said  to  have  expired. 

(History  of  British  Commerce,  Lond.  1872,  p.  292.) 


CHAPTER    XXXIII 


AUSTRALIA 


225.    The  Establishment  of  the  Colony 

(27  GEO.  III.  c.  2,  1787) 

Barton 

The  following  Act  established  the  colony  of  New  South 
Wales  by  extending  thereto  the  criminal  jurisdiction  of  the  king 
Transportation  for  certain  offences  had  already  been  determined 
upon,  and  Australia  presented  many  advantages  as  a  penal  settle- 
ment. 

ACT  TO  ENABLE  HIS  MAJESTY  TO  ESTABLISH  A  CRIMINAL  JU- 
DICATURE ON  THE  EASTERN  COAST  OF  NEW  SOUTH  WALES 
AND  THE  PARTS  ADJACENT 

Whereas  by  an  Act  made  and  passed  in  the  twenty-fourth 
year  of  his  present  Majesty's  reign,  intituled  —  An  Act  for 
the  effectual  transportation  of  felons  and  other  offenders, 
and  to  authorize  the  removal  of  prisoners  in  certain  cases, 
and  for  other  purposes  therein  mentioned,  it  is  enacted  that, 
from  and  after  the  passing  of  that  Act,  when  any  person  or 
persons  at  any  Sessions  of  Oyer  or  Terminer  or  Gaol  Deliv- 
ery, or  at  any  Quarter  or  other  General  Session  of  the  Peace 
to  be  holden  for  any  county,  riding,  division,  city,  town, 
borough,  liberty,  or  place,  within  that  part  of  Great  Britain 
called  England,  or  at  any  Great  Session  to  be  holden  for  the 
County  Palatine  of  Chester,  or  within  the  Principality  of 
Wales,  shall  be  lawfully  convicted  of  grand  or  petit  larceny, 
or  any  other  offence  for  which  such  person  or  persons  shall 
be  liable  by  the  laws  of  this  realm  to  be  transported,  it  shall 
and  may  be  lawful  for  the  Court  before  which  any  such 
person  or  persons  shall  be  convicted  as  aforesaid,  or  any  sub- 
sequent Court  holden  at  any  place  for  the  same  county, 
riding,  division,  city,  town,  borough,  liberty,  or  place  respect- 
ively, with  like  authority,  to  order  and  adjudge  that  such 
person  or  persons  so  convicted  as  aforesaid  shall  be  trans- 

542 


AUSTRALIA  543 

ported  beyond  the  seas  for  any  term  of  years  not  exceeding 
the  number  of  years  or  terms  for  which  such  person  or 
persons  is  or  are  or  shall  be  liable  by  any  law  to  be  trans- 
ported ;  and  in  any  such  case  it  shall  or  may  be  lawful  for  his 
Majesty,  by  and  with  the  advice  of  his  Privy  Council,  to  de- 
clare and  appoint  to  what  place  or  places,  part  or  parts, 
beyond  the  seas,  either  within  his  Majesty's  dominions,  or 
elsewhere  out  of  his  Majesty's  dominions,  such  felons  or 
other  offenders  shall  be  conveyed  or  transported :  And  such 
Court  as  aforesaid  is  thereby  authorized  and  empowered  to 
order  such  offenders  to  be  transferred  to  the  use  of  any 
person  or  persons,  and  his  or  their  assigns,  who  shall  con- 
tract for  the  due  performance  of  such  transportation : 

And  when  his  Majesty,  his  heirs  and  successors,  shall  be 
pleased  to  extend  mercy  to  any  offender  or  offenders  who 
hath  or  have  been,  or  shall  be  convicted  of  any  crime  or 
crimes,  for  which  he,  she,  or  they  is  or  shall  be  by  law  ex- 
cluded from  the  benefit  of  clergy,  upon  condition  of  trans- 
portation to  any  place  or  places,  part  or  parts,  beyond  the 
seas,  either  for  term  of  life,  or  any  number  of  years,  and 
such  extension  of  mercy  shall  be  signified  by  one  of  his  Ma- 
jesty's Principal  Secretaries  of  State,  it  shall  be  lawful  for 
any  Court,  having  proper  authority,  to  allow  such  offender 
or  offenders  the  benefit  of  a  conditional  pardon,  and  (except 
in  cases  where  such  offenders  shall  be  authorized  by  his 
Majesty  to  transport  himself,  herself,  or  themselves)  to  order 
the  transfer  of  such  offender  or  offenders  to  any  person  or 
persons  who  shall  contract  for  the  due  performance  of  such 
transportation,  and  his  or  their  assigns,  for  such  and  the 
same  term  of  years  for  which  any  such  offender  or  offenders 
shall  have  been  ordered  to  be  transported,  or  for  such  term 
of  life  or  years  as  shall  be  specified  in  such,  condition  of 
transportation : 

And  whereas  his  Majesty,  by  two  several  Orders-in-Coun- 
cil,  bearing  date  respectively  on  the  sixth  day  of  December, 
1786,  hath  judged  fit,  by  and  with  the  advice  of  his  Privy 
Council,  to  declare  and  appoint  the  place  to  which  certain 
offenders  named  in  two  lists  to  the  said  several  Orders-in- 
Council  annexed,  should  be  transported  for  the  time  or  term 
in  their  several  sentences  mentioned,  to  be  the  eastern  coast 
of  New  South  Wales,  or  some  one  or  other  of  the  islands  ad- 
jacent: 

And  whereas  Sir  James  Eyre,  Knight,  and  Sir  Beaumont 
Hotham,  Knight,  two  of  the  Barons  of  his  Majesty's  Court  of 


544  SOL' RC E-BOOK  OF  ENGLISH  HISTORY 

Exchequer  of  the  degree  of  coiffe,  according  to  the  au- 
thority of  them  given  by  the  said  statute,  did,  on  the  thir- 
tieth day  of  December,  1/86,  order  that  the  said  several 
offenders,  in  the  said  several  lists  to  the  said  several  Orders- 
in-Council  annexed,  should  be  transported  to  the  place  and 
for  the  time  and  terms  aforesaid : 

And  whereas  it  may  be  found  necessary  that  a  colony  and 
a  civil  Government  should  be  established  in  the  place  to 
which  such  convicts  shall  be  transported,  under  and  by  virtue 
of  the  said  Act  of  Parliament,  the  said  two  several  Orders-of- 
Council,  and  other  the  said  above-recited  Orders,  and  that  a 
Court  of  Criminal  Jurisdiction  should  also  be  established 
within  such  place  as  aforesaid,  with  authority  to  proceed  in 
a  more  summary  way  than  is  used  within  this  realm,  accord- 
ing to  the  known  and  established  laws  thereof: 

Be  it  therefore  enacted  by  the  King's  Most  Excellent  Ma- 
jesty, by  and  with  the  advice  and  consent  of  the  Lords 
Spiritual  and  Temporal  and  Commons,  in  this  present  Parlia- 
ment assembled,  and  by  the  authority  of  the  same,  that  his 
Majesty  may,  by  his  Commission  under  the  Great  Seal,  au- 
thorize the  person  to  be  appointed  Governor,  or  the  Lieuten- 
ant-Governor  in  the  absence  of  the  Governor,  at  such  place 
as  aforesaid,  to  convene  from  time  to  time,  as  occasion  may 
require,  a  Court  of  Judicature  for  the  trial  and  punishment 
of  all  such  outrages  and  misbehaviours  as,  if  committed  with- 
in this  realm,  would  be  deemed  and  taken,  according  to  the 
laws  of  this  realm,  to  be  treason  or  misprison  thereof,  felony 
or  misdemeanor,  which  Court  shall  consist  of  the  Judge- 
Advocate,  to  be  appointed  in  and  for  such  a  place,  together 
with  six  officers  of  his  Majesty's  forces  by  sea  or  land: 

Which  Court  shall  proceed  to  try  such  offenders  by  calling 
such  offenders  respectively  before  that  Court,  and  causing 
the  charge  against  him,  her,  or  them  respectively,  to  be  read 
over,  which  charge  shall  always  be  reduced  into  writing,  and 
shall  be  exhibited  to  the  said  Court  by  the  Judge-Advocate, 
and  by  examining  witnesses  upon  oath,  to  be  administered 
by  such  Court,  as  well  for  as  against  such  offenders  respect- 
ively, and  afterwards  adjudging  by  the  opinion  of  the  major 
part  of  the  persons  composing  such  Court,  that  the  party 
accused  is  or  is  not  (as  the  case  shall  appear  to  them)  guilty 
of  the  charge,  and  by  pronouncing  judgment  therein  (as  upon 
a  conviction  by  verdict)  of  death,  if  the  offence  be  capital,  or 
of  such  corporal  punishment  not  extending  to  capital  punish- 
ment, as  to  the  said  Court  shall  seem  meet;  and  in  cases  not 


AUSTRALIA  54S 

capital,  by  pronouncing  punishment  of  such  corporal  punish- 
ment, not  extending  to  life  or  limb,  as  to  the  said  Court  shall 
seem  meet. 

II.  And  be  it  further  enacted  that  the  Provost-Marshal, 
or  other  officer  to  be  for  that  purpose  appointed  by  such 
Governor  or  Lieutenant-Governor,   shall   cause  due  execu- 
tion of  such  judgment  to  be  had  and  made  under  and  ac- 
cording  to   the   warrant  of   such   Governor   or   Lieutenant- 
Governor  in  the  absence  of  the  Governor,  under  his  hand 
and  seal,  and  not  otherwise : 

Provided  always  that  execution  shall  not  be  .had  or  done 
on  any  capital  convict  or  convicts,  unless  five  persons  present 
in  such  Court  shall  concur  in  adjudging  him,  her,  or  them, 
so  accused  and  tried  as  aforesaid,  to  be  respectively  guilty, 
and  until  the  proceedings  shall  have  been  transmitted  to  his 
Majesty  and  by  him  approved. 

III.  And  be  it  so  enacted  by  the  authority  aforesaid  that  the 
said  Court  shall  be  a  Court  of  Record,  and  shall  have  all  such 
powers  as  by  the  laws  of  England  are  incident  and  belonging 
to  a  Court  of  Record. 

(History  of  New  South  Wales  from  the  Records,  G.  B.  Barton, 
Lond.  and  Sidney,  1889.  I,  453). 

226.    The  First  Penal  Settlement 

Barton 

In  1786  there  was  drawn  up  the  following  plan  for  the  estab- 
lishment of  a  penal  settlement  in  New  South  Wales.  The 
document  given  is  not  the  first  submitted,  but  it  is  that  which 
contains  the  plan  nearest  that  which  was  adopted.  The  result 
was  the  famous  "first  fleet,"  which  in  1788  sailed  for  Botany 
Bay.  Although  the  experiment  was  not  an  unqualified  success, 
it  was  sufficiently  so  to  warrant  the  continuance  of  the  penal 
settlements  in  Australia.  All  of  these  settlements  were  gener- 
ically  known  as  Botany  Bay,  although  the  spot  to  which  that 
title  belonged  was  soon  abandoned.  It  was  not  for  many  years 
that  Australia  was  able  to  free  herself  from  the  unjust  reproach 
of  being  inhabited  mainly  by  convicts. 

HEADS  OF  A  PLAN 

For  effectually  disposing  of  convicts,  and  rendering  their 
transportation  reciprocally  beneficial  both  to  themselves  and 
to  the  State,  by  the  establishment  of  a  colony  in  New  South 
Wales,  a  country  which,  by  the  fertility  and  salubrity  of  the 
climate,  connected  with  the  remoteness  of  its  situation  (from 
whence  it  is  hardly  possible  for  persons  to  return  without 
permission),  seems  peculiarly  adapted  to  answer  the  views 
of  Government  with  respect  to  the  providing  a  remedy  for 
the  evils  likely  to  result  from  the  late  alarming  and  numer- 


546  SOURCE-BOOK  OF  ENGLISH  HISTORY 

cms  increase  of  felons  in  this  country,  and  more  particularly 
in  the  metropolis. 

It  is  proposed  that  a  ship-of-war  of  a  proper  class,  with  a 
part  of  her  guns  mounted,  and  a  sufficient  number  of  men 
on  board  for  her  navigation,  and  a  tender  of  about  two  hun- 
dred tons  burthen,  commanded  by  discreet  officers,  should 
be  got  ready  as  soon  as  possible  to  serve  as  an  escort  to  the 
convict  ships,  and  for  other  purposes  hereinafter  mentioned. 

That,  in  addition  to  their  crews,  they  should  take  on  board 
two  companies  of  marines,  to  form  a  military  establishment 
on  shore,  not  only  for  the  protection  of  the  settlement,  if 
required,  against  the  natives,  but  for  the  preservation  of 
good  order,  together  with  an  assortment  of  stores,  and  uten- 
sils and  implements  necessary  for  erecting  habitations  and 
for  agriculture ;  and  such  quantities  of  provisions  as  may 
be  proper  for  the  use  of  the  crews. 

As  many  of  the  marines  as  possible  should  be  artificers, 
such  as  carpenters,  surveyors,  smiths,  potters,  if  possible, 
and  some  husbandmen.  To  have  a  chaplain  on  board,  with  a 
surgeon  and  one  mate  at  least,  the  former  to  remain  at  the 
settlement. 

That  these  vessels  should  touch  at  the  Cape  of  Good  Hope, 
or  any  other  places  that  may  be  convenient,  for  any  seed  that 
may  be  requisite  to  be  taken  from  thence,  and  for  such  live 
stock  as  they  can  possibly  contain,  which  it  is  supposed  can 
be  procured  there  without  any  sort  of  difficulty,  and  at  the 
most  reasonable  rates,  for  the  use  of  the  settlement  at  large. 

That  Government  should  immediately  provide  a  certain 
number  of  ships  of  a  proper  burthen  to  receive  on  board  at 
least  seven  or  eight  hundred  convicts,  and  that  one  of  them 
should  be  properly  fitted  for  the  accommodation  of  the 
women,  to  prevent  their  intercourse  with  the  men. 

That  these  ships  should  take  on  board  as  much  provisions 
as  they  can  possibly  stow,  or  at  least  a  sufficient  quantity  for 
two  years'  consumption,  supposing  one  year's  to  be  issued 
at  whole  allowance,  and  the  other  year's  provisions  at  half- 
allowance,  which  will  last  two  years  longer ;  by  which  time 
it  is  presumed  that  the  colony,  with  the  live  stock  and  grain 
which  may  be  raised  by  a  common  industry  on  the  part  of  the 
new  settlers,  will  be  fully  sufficient  for  their  maintenance 
and  support. 

That,  in  addition  to  the  crews  of  the  ships  appointed  to 
contain  the  convicts,  a  company  of  marines  should  be  divided 
between  them,  to  be  employed  as  guards  for  preventing  ill 


AUSTRALIA  547 

consequences  that  might  arise  from  dissatisfaction  amongst 
the  convicts,  and  for  the  protection  of  the  crews  in  the  navi- 
gation of  the  ships  from  insults  that  might  be  offered  by  the 
convicts. 

That  each  of  the  ships  should  have  on  board  at  least  two 
surgeons'  mates  to  attend  to  the  wants  of  the  sick,  and  should 
be  supplied  with  a  proper  assortment  of  medicine  and  instru- 
ments, and  that  two  of  them  should  remain  with  the  settle- 
ment. 

After  the  arrival  of  the  ships  which  are  intended  to  convey 
the  convicts,  the  ship-of-war  and  tender  may  be  employed  in 
obtaining  live  stock  from  the  Cape,  or  from  the  Molucca 
Islands,  a  sufficient  quantity  of  which  may  be  brought  from 
either  of  those  places  to  the  new  settlement,  in  two  or  three 
trips ;  or  the  tender,  if  it  should  be  thought  most  advisable, 
may  be  employed  in  conveying  to  the  new  settlement  a 
further  number  of  women  from  the  Friendly  Islands,  New 
Caledonia,  etc.,  which  are  contiguous  thereto,  and  from 
whence  any  number  may  be  procured  without  difficulty;  and 
without  a  sufficient  proportion  of  that  sex  it  is  well  known 
that  it  would  be  impossible  to  preserve  the  settlement  from 
gross  irregularities  and  disorders. 

The  whole  regulation  and  management  of  the  settlement 
should  be  committed  to  the  care  of  a  discreet  officer,  and 
provision  should  be  made  in  all  cases,  both  civil  and  military, 
by  special  instructions  under  the  Great  Seal,  or  otherwise, 
as  may  be  thought  proper. 

Upon  the  whole,  it  may  be  observed  with  great  force  and 
truth,  that  the  difference  of  expense  (whatever  method  of 
carrying  the  convicts  thither  may  be  adopted)  between  this 
mode  of  disposing  of  them,  and  that  of  the  usual  ineffectual 
one,  is  too  trivial  to  be  a  consideration  with  Government, 
at  least  in  comparison  with  the  great  object  to  be  obtained 
by  it,  especially  now  the  evil  is  increased  to  such  an  alarm- 
ing degree,  from  the  inadequacy  of  all  other  expedients  that 
have  hitherto  been  tried  or  suggested. 

It  may  not  be  amiss  to  remark  in  favour  of  this  plan  that 
considerable  advantage  will  arise  from  the  cultivation  of  the 
New  Zealand  hemp  or  flax  plant  in  the  new  intended  settle- 
ment, the  supply  of  which  would  be  of  great  consequence  to  us 
as  a  naval  power,  as  our  manufacturers  are  of  opinion  that 
canvas  made  of  it  would  be  superior  in  strength  and  beauty  to 
any  canvas  made  of  the  European  material,  and  that  a  cable 
of  the  circumference  of  ten  inches,  made  from  the  former, 


548  SOURCE-BOOK  OF  ENGLISH  HISTORY 

would  be  superior  in  strength  to  one  of  eighteen  inches  made 
of  the  latter.  The  threads  or  filaments  of  this  New  Zealand 
plant  are  formed  by  nature  with  the  most  exquisite  delicacy, 
and  may  be  so  minutely  divided  as  to  be  manufactured  into 
the  finest  linens. 

Most  of  the  Asiatic  productions  may  also,  without  doubt, 
be  cultivated  in  the  new  settlement,  and  in  a  few  years  may 
render  our  recourse  to  our  European  neighbours  for  those 
productions  unnecessary. 

It  may  also  be  proper  to  attend  to  the  possibility  of 
procuring  from  New  Zealand  any  quantity  of  mast  and 
ship  timber  for  the  use  of  our  fleet  in  India,  as  the  distance 
between  the  two  countries  is  not  greater  than  between  Great 
Britain  and  America.  It  grows  close  to  the  water's  edge,  is 
of  size  and  quality  superior  to  any  hitherto  known,  and  may 
be  obtained  without  difficulty. 

STAFF    ESTABLISHMENT    FOR    THE    SETTLEMENT   OF    NEW    SOUTH 

WALES  YEARLY  SALARY 

The  Naval  Commander  appointed  Governor  or      &        s-    d- 
Superintendent-General 500       o     o 

The  Commanding  Officer  of  the  Marines  to  be 
appointed  Lieutenant-Governor  or  Deputy 
Superintendent 250  o  o 

The  Commissary  of  Stores  and  Provisions,  for 
himself  and  assistants,  to  be  appointed  or 
named  by  the  contractors  for  the  provisions  200  o  o 

Pay  of  a  Surgeon £182     10     o 

Pay  of  two  mates 182     10     o        365     10     o 

Chaplain 182     10    o 

£1,497     IO     ° 

ESTIMATE    OF    CLOTHING    TO    SERVE    A    MALE    CONVICT    FOR    ONE 

YEAR  VALUE  EACH 

No.  s.      d.  £         s.      d. 

Jackets 2  46  090 

Woollen  drawers      ....  4  20  080 

Hat I  26  026 

Shirts 3  30  090 

Worsted  stockings    ....  4  i     o  040 

Frocks 3  2     3  069 

Trousers 3  23  069 

Shoes 3  46  0136 

£2     19     6 


AUSTRALIA  549 

The  expense  of  clothing  female  convicts  may  be  computed 
to  amount  to  like  sum. 

(History  of  New  South  Wales,  ed.  cit.,  I,  432.) 

227.   Discovery  of  Gold 

E.  Hargraves 

The  discovery  of  gold  in  Australia  marked  an  epoch  in  the 
history  of  that  country.  Thitherto  the  vast  expanse  of  territory 
had  been  considered  of  value  only  for  the  purposes  of  stock- 
raising  ;  but  under  the  new  conditions  resulting  from  the  dis- 
covery of  the  precious  metal  the  standing  of  the  country  was 
revolutionized.  Crowds  flocked  to  its  shores,  and  cities  rose  as 
if  by  enchantment.  The  question  of  the  actual  discoverer  of 
gold  has  never  been  determined,  but  Mr.  Hargraves,  whose  ac- 
count is  given  below,  was  the  first  to  make  the  discovery  known 
to  the  world,  and  so  is  fairly  entitled  to  the  honour  of  dis- 
coverer. 

To  the  particulars  of  my  own  discovery  I  now  proceed.  I 
have  already  in  a  former  chapter  stated  my  reasons  for 
believing  in  the  existence  of  gold  fields  in  New  South  Wales. 
It  was  with  an  anxious  heart,  therefore,  that  I  again  landed 
at  Sydney,  in  the  month  of  January,  1851.  On  my  passage 
thither  and  immediately  on  my  arrival,  I  made  known  to  my 
friends  and  companions  my  confident  expectations  on  the 
subject;  one  and  all,  however,  derided  me,  and  treated  my 
views  and  opinions  as  those  of  a  madman.  Still  undaunted, 
on  the  5th  of  February  I  set  out  from  Sydney  on  horseback 
alone  to  cross  the  Blue  Mountains. 

After  resting  one  day  at  Guyong,  on  the  I2th  of  February 
I  started  thence,  accompanied  by  young  Lister.  Our  course 
was  down  the  Lewes  Pond  Creek,  a  tributary  to  the  Summer 
Hill  Creek,  which  again  is  a  tributary  of  the  Macquarie 
River.  After  traveling  a  distance  of  about  fifteen  miles,  I 
found  myself  in  the  country  that  I  was  anxiously  longing  to 
behold  again.  My  recollection  of  it  had  not  deceived  me. 
The  resemblance  of  its  formation  to  that  of  California  could 
not  be  doubted  or  mistaken.  I  felt  myself  surrounded  by 
gold ;  and  with  tremulous  anxiety  panted  for  the  moment  of 
trial,  when  my  magician's  wand  should  transform  this  track- 
less wilderness  into  a  region  of  countless  wealth. 

Still  one  difficulty  seemed  to  present  itself.  There  had 
been  an  unusual  drought  during  the  summer,  which  was  now 
drawing  to  a  close,  and  the  creek,  where  we  then  were,  was 
completely  dried  up.  My  guide,  however,  in  answer  to  :ny 
inquiries  told  me  that  we  should  find  water  lower  down;  so, 


550  SOURCE-BOOK  OF  ENGLISH  HISTORY 

following  its  course,  we  soon  fell  in  with  some  rocks  which 
contained  a  sufficient  supply. 

We  now  turned  out  our  horses,  and  seated  ourselves  on 
the  turf,  as  it  was  necessary  to  satisfy  the  cravings  of  hunger 
before  I  ventured  on  my  grand  experiment.  Had  that  failed, 
but  little  appetite  for  food  would  have  been  left  me. 

My  guide  went  for  water  to  drink,  and,  after  making  a 
hasty  repast,  I  told  him  that  we  were  now  in  the  gold  fields, 
and  that  the  gold  was  under  his  feet  as  he  went  to  fetch  the 
water  for  our  dinner.  He  started  with  incredulous  amaze- 
ment, and,  on  my  telling  him  that  I  would  now  find  some 
gold,  watched  my  movements  with  the  most  intense  interest. 
My  own  excitement,  probably,  was  far  more  intense  than  his. 
I  took  the  pick  and  scratched  the  gravel  off  a  schistose  dyke, 
which  ran  across  the  creek  at  right  angles  with  its  sides ;  and, 
with  the  trowel,  I  dug  a  panful  of  earth,  which  I  washed  in 
the  water-hole.  The  first  trial  produced  a  little  piece  of 
gold.  "Here  it  is  !"  I  exclaimed ;  and  I  then  washed  five 
panfuls  in  succession,  obtaining  gold  from  all  but  one. 

No  further  proof  was  necessary.  To  describe  my  feelings 
at  that  eventful  moment  would  be  impossible.  What  I  said 
on  the  instant  —  though,  I  must  admit,  not  warranted  as  the 
language  of  calm  reflection  —  has  been  since  much  laughed 
at.  And  though  my  readers  may  renew  the  laugh,  I  shall  not 
hesitate  to  repeat  it,  because,  as  it  was  the  natural  and  im- 
pulsive impression  of  my  overwrought  feelings  at  the  mo- 
ment, so  is  it  the  only  account  I  can  now  give  of  what  those 
feelings  were. 

"This,"  I  exclaimed  to  my  guide,  "is  a  memorable  day  in 
the  history  of  New  South  Wales.  I  shall  be  a  baronet,  you 
will  be  knighted,  and  my  old  horse  will  be  stuffed,  put  into 
a  glass-case,  and  sent  to  the  British  Museum !" 

At  that  instant  I  felt  myself  to  be  a  great  man.  I  was  as 
mad,  perhaps,  at  the  moment,  as  Don  Quixote  was  his  life 
through ;  and  assuredly,  my  companion  was  as  simple  as 
Sancho  Panza  —  for  the  good  youth  afterwards  told  me,  he 
expected  I  should  obtain  for  him  the  honour  I  had  promised. 

On  our  return  that  night  to  the  inn  at  Guyong,  I  wrote  a 
memorandum  of  the  discovery,  which  I  afterwards  gave  to 
the  Colonial  Secretary,  as  a  memorial  of  the  great  event. 

(Australia  and  its  Gold  Fields,  ed.  Hammond,  Lund.,  1855.  p.  HI.) 


AUSTRALIA  551 

228.    Results  of  the  Finding  of  Gold 

Contemporary  Pamphltt 

The  following  account  of  the  consequences  of  the  discovery 
of  gold  is  of  great  interest.  It  is  written  with  thought  as  well 
as  care,  and  the  evil  as  well  as  the  good  results  likely  to  accrue 
are  pointed  out.  The  former  were  averted  by  the  good  sense 
of  the  Australians,  although  at  one  time  it  seemed  as  if  the  coun- 
try would  fall  into  a  worse  condition  than  that  which  existed 
when  the  colony  was  only  a  penal  settlement. 

The  first  results  of  the  Australian  gold  discoveries  are  now 
displayed  in  a  tangible,  unmistakable  shape  —  individual  loss, 
individual  suffering,  by  the  diversion  of  capital  and  labour. 
There  may  be  many  carried  away  by  mere  enthusiasm,  who 
will  rue  the  day  they  abandoned  the  certain  easy  employ- 
ments of  civilized  life  for  the  hard  navigator-like  trade  of  a 
gold-seeker ;  but  the  advantage  of  this  new  mineral  discovery 
is  unquestionable,  in  spite  of  all  that  croakers  may  say  and 
sing. 

Up  to  the  middle  of  May,  1851,  as  heretofore  shown,  the 
colonial  heart  beat  high  with  hope.  Trade  was  good;  the 
pastoral  interests  were  flourishing;  the  country  properties, 
as  a  matter  of  course,  were  improving;  and  the  introduction 
of  the  alpaca,  the  extended  culture  of  the  vine,  and  the 
growth  of  cotton,  appeared  to  present  new  and  rich  sources 
of  wealth.  At  that  moment  came  the  discovery  of  the  gold 
fields;  and  a  shock  was  communicated  to  the  whole  indus- 
trial system,  which  to  some  people  seemed  to  threaten  almost 
annihilation.  The  idea  was,  that  gold  digging  would  swallow 
up  all  other  pursuits,  and  the  flocks  perish  in  the  wilderness 
from  the  want  of  shepherds.  Nor  was  this  altogether  with- 
out foundation ;  for  the  stockholders  have  actually  been  con- 
siderable sufferers:  all  the  industrial  projects  mentioned 
have  been  stopped  short;  and  the  gold-diggings  still  continue 
to  attract  to  themselves,  as  if  by  a  spell,  the  labour  of  the 
country.  The  panic,  however,  has  now  subsided.  It  is  seen 
that  the  result  is  not  so  bad  as  was  anticipated,  and  it  is  now 
rendered  evident  that  the  evil  will  go  no  further.  A  stream 
of  population,  it  is  thought,  will  be  directed  to  Australia 
from  abroad,  and  the  labour  not  demanded  by  gold  may  suf- 
fice for  other  pursuits. 

Already  upwards  of  two  millions  sterling  have  been  real- 
ised by  the  rude  exertions  of  part  of  a  population  which  has 
never  yet  exported  more  than  three  millions  of  raw  produce ; 
and  with  the  evidence  now  before  us,  we  may  confidently 


552  SOURCE-BOOK  OF  ENGLISH  HISTORY 

assert,  that  although  there  will  be  a  temporary  diminution  in 
the  exportation  of  Australian  wool  under  new  arrangements, 
the  flocks  of  Australia  will  not  be  destroyed. 

The  Australian  population  have  stood  the  test  of  gold 
wonderfully,  and  come  out  of  the  trial  with  honour.  Their 
conduct,  as  a  body,  has  been  singularly  orderly  and  sub- 
missive to  the  constituted  authorities. 

Two  very  healthy  signs  are  displayed  by  the  Australian 
diggers  —  the  multiplication  of  marriages  and  the  large  con- 
sumption of  the  best  articles  of  female  attire. 

At  Port  Phillip  it  is  impossible  to  retain  a  tidy  servant 
girl.  The  first  luxury  to  which  the  successful  gold-seeker 
treats  himself  on  his  return  for  a  holiday  is  a  wife,  and  the 
wife  is  then  treated  to  the  best  gowns  and  shawls  that  the 
shops  afford.  A  friend  writes  that  "the  carpenters  and 
smiths  of  Melbourne  and  Geelong  will  not  let  their  wifes  be 
seen  in  a  gown  of  less  cost  than  ten  pounds,  with  a  shawl  and 
bonnet  to  match." 

Whatever  may  be  the  taste  of  the  workers  from  the  Turon 
or  Braidwood,  Ballarat  and  Mount  Alexander,  it  is  certain 
that  what  they  purchase  they  honestly  pay  for,  and  no  one 
will  suffer  for  their  gains.  The  advantage,  in  a  commercial 
point  of  view,  is  obvious.  The  man  who  was  earning  before 
£20  or  £40  a  year,  of  which,  perhaps,  he  spent  one-half  in 
manufactures,  can  now  afford  to  spend  - —  and  does  spend  — 
from  £100  to  £500  a  year.  The  tales  of  wild  extravagance 
are  grossly  exaggerated,  and  not  at  all  to  be  depended  upon. 
On  the  best  authority,  we  can  assert  that  the  colonists  are 
spending  and  investing  their  money  in  a  very  creditable 
manner.  Among  other  proofs  may  be  cited  the  circumstance 
of  two  thousand  pounds  received  in  gold-dust  in  less  than 
seven  weeks  after  his  arrival  at  Port  Phillip,  by  Captain 
Chisholm,  from  working  men,  to  pay  the  passage  of  their 
relatives. 

Now  that  so  strong  a  stream  of  self-paid  emigration  is 
flowing,  the  sooner  the  Government  free  emigration  is  given 
up  the  better  for  the  mother  country  and  for  the  colonies. 
Many  a  man  does  not  save  as  he  could,  to  pay  his  own 
passage,  because  he  hopes  to  win  a  prize  in  the  Government 
lottery. 

Education,  and  free,  liberal  education,  is  in  truth  the  only 
thing  required  in  Australia.  Education,  established  and  ex- 
tended from  the  time  the  May  Flower  landed  her  Puritan 
freight  on  the  bleak  shores  of  New  England,  until  the  time 


AUSTRALIA  553 

•when  the  progress  of  commerce  brought  a  deluge  of  emigrant 
ignorance,  has  saved  America  under  a  different  form  of  Gov- 
ernment, and  neutralized  the  effect  of  the  late  annual  inva- 
sion of  the  uneducated.  But  in  Australia  no  such  provision 
exists,  or  is  possible.  And  if  England  goes  on  annually  in- 
oculating the  gold  fields  with  illiterate  strong  arms,  the 
feeble  efforts  made  by  Australia  to  redeem  the  errors  of  past 
educational  neglect,  will  never  be  able  to  overtake  and  arrest 
the  disease. 

(Australia  (pamphlet),  B.  Fabian,  N.  Y.,  1852.  p.  77.) 


CHAPTER    XXXIV 

THE  INDIAN  EMPIRE 
229.    The  English  at  Surat  and  Bombay 

Fryer 

Dr.  Fryer,  a  surgeon  in  the  service  of  the  East  India  Com- 
pany, visited  Surat  in  1674.  His  travels  were  published  in 
London  in  1698.  They  contain  a  graphic  account  of  the  manner 
in  which  the  Company  conducted  its  affairs  in  India. 

The  house  the  English  live  in  at  Surat,  is  partly  the  King's 
gift,  partly  hired ;  built  of  stone  and  excellent  timber,  with 
good  carving,  without  representations ;  very  strong,  for  that 
each  floor  is  half  a  yard  thick  at  least,  of  the  best  plastered 
cement,  which  is  very  weighty.  It  is  contrived  after  the 
Moor's  buildings,  with  upper  and  lower  galleries,  or  terrace- 
walks  ;  a  neat  Oratory,  a  convenient  open  place  for  meals. 
The  President  has  spacious  lodgings,  noble  rooms  for  counsel 
and  entertainment,  pleasant  tanks,  yards,  and  a  hummum  to 
wash  in ;  but  no  gardens  in  the  city,  or  very  few,  though 
without  the  city  they  have  many,  like  wildernesses,  over- 
spread with  trees.  The  English  had  a  neat  one,  but  Sevaji's 
coming  destroyed  it.  It  is  known,  as  the  other  Factories  are, 
by  their  several  flags  flying. 

Here  they  live  (in  shipping-time)  in  a  continual  hurly- 
burly,  the  Banians  presenting  themselves  from  the  hour  of 
ten  till  noon;  and  then  afternoon  at  four  till  night,  as  if  it 
were  an  Exchange  in  every  row ;  below  stairs,  the  packers 
and  warehouse-keepers,  together  with  merchants  bringing 
and  receiving  musters,  make  a  mere  Billinsgate ;  for  if  you 
make  not  a  noise,  they  hardly  think  you  intent  on  what  you 
are  doing. 

Among  the  English,  the  business  is  distributed  into  four 
offices;  the  Accomptant,  who  is  next  in  dignity  to  the  Pres- 
ident, the  general  accompts  of  all  India,  as  well  as  this  place, 
passing  through  his  hands;  he  is  quasi  Treasurer,  signing 
all  things,  though  the  broker  keep  the  cash.  Next  him  is  the 

554 


THE  INDIAN  EMPIRE  555 

warehouse-keeper,  who  registers  all  Europe  goods  vended, 
and  receives  all  Eastern  commodities  bought ;  under  him  is 
the  Purser  Marine,  who  gives  account  of  all  goods  exported 
and  imported,  pays  seamen  their  wages,  provides  wagons 
and  porters,  looks  after  tackling  for  ships,  and  ships'  stores. 
Last  of  all  is  the  Secretary,  who  models  all  Consultations, 
writes  all  letters,  carries  them  to  the  President  and  Council 
to  be  perused  and  signed ;  keeps  the  Company's  seal,  which 
is  affixed  to  all  passes  and  commissions;  records  all  trans- 
actions, and  sends  copies  of  them  to  the  Company;  though 
none  of  these,  without  the  President's  approbation,  can  act 
or  do  any  thing.  The  affairs  of  India  are  solely  under  his 
regulation;  from  him  issue  out  all  orders,  by  him  all  prefer- 
ment is  disposed;  by  which  means  the  Council  are  biassed 
by  his  arbitrament. 

The  whole  mass  of  the  Company's  servants  may  be  com- 
prehended in  these  classes,  viz. :  Merchants,  Factors,  and 
Writers ;  some  Bluecoat  Boys  also  have  been  entertained 
under  notion  of  apprentices  for  seven  years,  which  being  ex- 
pired, if  they  can  get  security,  they  are  capable  of  employ- 
ments. The  Writers  are  obliged  to  serve  five  years  for  10  I. 
per  Ann.  Giving  in  a  bond  of  500  /.  for  good  behaviour,  all 
which  time  they  serve  under  some  of  the  forementioned 
Offices:  After  which  they  commence  Factors,  and  rise  to 
preferment  and  trust,  according  to  seniority  or  favour,  and 
therefore  have  a  1,000  /.  bond  exacted  from  them,  and  have 
their  salary  augmented  to  20  /.  per  Ann.  for  three  years,  then 
entering  into  new  indentures,  are  made  Senior  Factors ;  and 
lastly,  Merchants  after  Three  Years  more;  out  of  whom  are 
chose  Chiefs  of  Factories,  as  places  fall,  and  are  allowed  40  I. 
per  Ann.  during  their  stay  in  the  Company's  service,  besides 
lodgings  and  victuals  at  the  Company's  charges. 

These  in  their  several  Seigniories  behave  themselves  after 
the  fundamentals  of  Surat,  and  in  their  respective  Factories 
live  in  the  like  grandeur ;  from  whence  they  rise  successively 
to  be  of  the  Council  in  Surat,  which  is  the  great  Council ;  and 
if  the  President  do  not  contradict,  are  sworn,  and  take  their 
place  accordingly,  which  consists  of  about  five  in  number, 
besides  the  president,  to  be  constantly  resident. 

As  for  the  Presidency,  though  the  Company  interpose  a 
deserving  man,  yet  they  keep  that  power  to  themselves,  none 
assuming  that  dignity  till  confirmed  by  them :  His  salary 
from  the  Company  is  500  I.  a  year;  half  paid  here,  the  other 
half  reserved  to  be  received  at  home,  in  case  of  misdemeanour 


556  SOURCE-BOOK  OF  ENGLISH  HISTORY 

to  make  satisfaction ;  beside  a  bond  of  5,000  /.  sterling  of 
good  securities. 

The  Accountant  has  72  /.  per  Ann.,  fifty  pound  paid  here, 
the  other  at  home:  All  the  rest  are  half  paid  here,  half  at 
home,  except  the  Writers,  who  have  all  paid  here. 

Out  of  the  Council  are  elected  the  Deputy-Governor  of 
Bombay,  and  Agent  of  Persia ;  the  first  a  place  of  great  trust, 
the  other  of  profit;  though,  by  the  appointment  from  the 
Company,  the  Second  of  India  claims  Bombay,  and  the  Sec- 
retary of  Surat  the  Agency  of  Persia,  which  is  connived  at, 
and  made  subject  to  the  will  of  the  President,  by  the  interest 
of  those  whose  lot  they  are;  chusing  rather  to  reside  here, 
where  consignments  compensate  those  emoluments ;  so  that 
none  of  the  council,  if  noted  in  England,  but  makes  consid- 
erably by  his  place,  after  the  rate  of  five  in  the  hundred, 
commission ;  and  this  is  the  Jacob's  ladder  by  which  they 
ascend. 

It  would  be  too  mean  to  descend  to  indirect  ways,  which 
are  chiefly  managed  by  the  Banians,  the  fittest  tools  for  any 
deceitful  undertaking;  out  of  whom  are  made  brokers  for 
the  Company,  and  private  persons,  who  are  allowed  two  per 
cent,  on  all  bargains,  besides  what  they  squeeze  secretly  out 
of  the  price  of  things  bought;  which  cannot  be  well  under- 
stood for  want  of  knowledge  in  their  language;  which  ignor- 
ance is  safer,  than  to  hazard  being  poisoned  for  prying  too 
nearly  into  their  actions:  Though  the  Company,  to  encourage 
young  men  in  their  service,  maintain  a  master  to  learn  them 
to  write  and  read  the  language,  and  an  annuity  to  be  annexed 
when  they  gain  a  perfection  therein,  which  few  attempt,  and 
fewer  attain. 

To  this  Factory  belong  twenty  persons  in  number,  reckon- 
ing Swally  Marine  into  the  account;  a  Minister  for  Divine 
Service,  a  Surgeon,  and  when  the  President  is  here,  a  guard 
of  English  soldiers,  consisting  of  a  double  file  led  by  a  Ser- 
jeant. 

The  present  Deputy  has  only  forty  Moor-men,  and  a  flag- 
man, carrying  St.  George  his  colours  swallow-tailed  in  silk, 
fastened  to  a  silver  partisan ;  with  a  small  attendance  of 
horse  with  silver  bridles,  and  furniture  for  the  gentlemen  of 
the  house,  and  coaches  for  ladies  and  Council. 

The  President  besides  these  has  a  noise  of  trumpets,  and 
is  carried  himself  in  a  Palenkeen,  a  horse  of  state  led  before 
him,  a  Mirchal  (a  fan  of  ostriches'  feathers)  to  keep  off  the 
sun,  as  the  Omrahs  or  great  men  have,  none  but  the  Emperor 


THE  INDIAN  EMPIRE  557 

have  a  Sumbrero  among  the  Moguls:  Besides  these,  every 
one  according  to  his  quality  has  his  menial  servants  to  wait 
on  him  in  his  chamber,  and  follow  him  out. . . . 

But  lest  the  New  Company  should  be  exclaimed  against  as 
too  greedy  monopolizers,  they  permit  free  traders  on  their 
Island  Bombay ;  when,  to  speak  truth,  they  are  in  a  far  worse 
condition  than  their  servants ;  being  tied  up  without  hopes 
of  raising  themselves :  so  that  in  earnest  they  find  out  that 
to  be  but  a  trick. 

However,  to  confess  on  the  Company's  behalf,  the  trade 
(I  mean  on  this  coast)  for  some  years  lately  passed  has 
hardly  balanced  expenses.  They  employing  yearly  forty  sail 
of  stout  ships  to  and  from  all  parts  where  they  trade,  out  and 
home ;  manning  and  maintaining  their  Island  Bombay,  Fort 
St.  George,  and  St.  Helens ;  besides  large  sums  expended  to 
bear  out  the  port  of  their  Factors ;  which  notwithstanding 
by  impartial  computation  has  been  found  inferior  to  the 
costs  of  the  Hollanders,  and  therefore  more  to  the  profit  of 
the  English  East  India  Company,  than  theirs,  in  the  few 
years  they  have  adventured ;  so  that  I  should  mightily  blame 
them  should  they  prove  ungrateful  to  His  Majesty,  who  by 
his  gracious  favour  has  united  them  in  a  society,  whereby 
they  are  competitors  for  riches  (though  not  strength)  with 
the  notedest  Company  in  the  universe. 

This  Charter  was  granted  presently  after  the  happy  res- 
toration of  our  Gracious  Sovereign,  when  order  began  to 
dawn,  and  dispel  the  dark  chaos  of  popular  community:  Then 
was  sent  out  a  President,  to  put  their  Charter  in  force,  and 
establish  a  graduation  among  their  servants,  which  before 
was  not  observed ;  only  for  order's  sake,  they  did  nominate 
an  Agent;  the  rest  being  independent,  made  no  distinction. 
When  as  now,  after  a  better  model,  they  commence  accord- 
ing to  their  standing,  and  are  under  a  collegiate  manner  of 
restraint. 

(New  Account  of   East  India  and  Persia,  John  Fryer,  M.  D.,     London,   1698. 
Reprinted  in  Early  Records  of  British  India,  J.  T.  Wheeler,  London,  1878.) 

230.    Letter  of  Warren  Hastings 

Hastings 

The  following  letter  from  Warren  Hastings  is  interesting  as 
setting  forth  his  side  of  the  discussion  which  resulted  in  his 
impeachment.  Being  a  private  letter  to  a  personal  friend,  it  is 
unlikely  that  the  former  ruler  of  India  would  therein  defend 
himself  against  accusation  unless  he  at  least  believed  that  the 
defence  was  justifiable.  Hastings'  trial  was  memorable  in  the 
history  of  India,  for  the  reason  that,  whether  or  not  he  was 


558  SOURCE-BOOK  OF  ENGLISH  HISTORY 

guilty  of  the  crimes  imputed  to  him,  it  served  as  a  warning  to 
future  rulers  in  their  transactions  with  the  natives.  They 
learned  that  there  was  retribution  in  store  for  cruelty  and  op- 
pression, and  that  the  "pagoda-tree"  could  not  be  robbed  with 
impunity. 

TO   SIR   JOHN    SHORE 

St.  James's  Place,  igth  February,  1787. 

Dear  Shore,  —  As  I  have  now  every  reason  to  believe  that 
an  impeachment  will  be  carried  against  me  to  the  House  of 
Lords,  and  have  had  a  severe  warning  given  me  not  to  trust 
to  my  own  integrity,  or  services,  as  I  may  conceive  them,  for 
the  event,  —  and  as  I  fear  no  issue  of  the  trial  so  much  as 
its  influence  upon  my  future  and  lasting  reputation,  —  I  ap- 
ply to  you,  my  friend,  to  afford  me  such  assistance  as,  I  hope, 
may  be  in  your  power  to  obviate  such  a  conclusion,  by  col- 
lecting the  testimonials  of  the  most  respectable  inhabitants 
of  the  provinces  of  Bengal,  and  such  other  creditable  vouch- 
ers, of  whatever  kind,  beyond  the  provinces,  as  may  refute  the 
calumnies  with  which  I  have  been  loaded,  and  ascertain  what- 
ever pretentions  I  may  have  to  more  positive  merit. 

I  am  charged  with  cruelty,  oppression,  violation  of  treaties, 
and  with  the  general  guilt  of  having  sacrificed  every  duty  to 
the  views  of  interest,  ambition,  or  private  vengeance.  I  am 
not  sure  that  rapacity  makes  a  part  of  the  catalogue  of  my 
imputed  crimes,  because  the  instances  which  have  been  ad- 
duced in  evidence  to  prove  it  apply  only  to  acts  done  for  the 
relief  of  the  public  necessities,  and  it  is  scarcely  (I  believe 
not  at  all)  insinuated,  that  I  have  practiced  it  for  any  profit 
of  my  own. 

I  wish  to  make  my  appeal  to  the  justice  and  generosity  of 
those  to  whom  it  best  appertains  to  pronounce  upon  my  real 
character,  according  to  their  several  relations  or  concerns 
with  the  government  of  Bengal  during  the  periods  in  which 
I  held  an  efficient  share  in  its  powers;  that  they  may  declare 
whether  I  deserve  these  imputations,  or  whether  I  am  entitled 
to  their  testimony  of  the  reverse. 

Whether  I  have  extorted  money  from  individuals  to  gratify 
my  own  avarice;  or  whether  I  have  not  notoriously  abstained 
from  every  means  which  might  have  promoted  my  own  in- 
terest, with  the  injury  of  individuals  or  the  public : 

Whether  I  have  countenanced,  or  permitted;  or  whether 
I  have  not,  on  the  contrary,  to  the  utmost  of  my  power  pre- 
vented men  in  office  or  favour  from  oppressing  or  plunder- 


THE  INDIAN  EMPIRE  559 

ing  those  who  were  subjected  to  their  authority  or  influ- 
ence: 

Whether  the  provinces  have  been  infested  with  robbers, 
or  plundering  Seneassies,  as  much  during  my  administration 
as  in  the  times  preceding  it: 

Whether  the  provinces  have  suffered  the  calamities  either 
of  war  or  famine  during  my  administration ;  or  whether  they 
have  not  enjoyed  both  uninterrupted  peace  and  abundance, 
though  our  Government  and  nation  were  for  years  engaged 
in  wars  with  powerful  states  and  neighbours,  and  were  at 
one  time  threatened  with  a  dearth  from  the  same  causes 
which  produced  one  in  1768: 

Whether  I  have  oppressed  the  reiats  by  intolerable  or  un- 
equal taxes,  for  the  public  service;  or  whether  I  have  not 
rather  multiplied  the  sources  of  the  public  wealth,  and  equal- 
ised the  burthens  imposed  on  the  people. 

Whether  I  have  neglected  the  administration  of  justice; 
or  whether  I  have  not  established  Courts  of  Civil  and  Crim- 
inal Justice,  and  supported  both  in  the  exercise  of  their  func- 
tions beyond  the  experience  of  any  former  times : 

Whether  I  have  offended,  or  discountenanced  the  laws, 
customs,  and  religious  worship  of  the  country;  or  whether  I 
have  not  respected,  protected,  and  conformed  to  them : 

Whether  I  have  shown  a  disregard  to  science;  or  whether 
I  have  not,  on  the  contrary,  by  public  endowments,  by  per- 
sona! attentions,  and  by  the  selection  of  men  for  appointments 
suited  to  their  talents,  given  effectual  encouragement  to  it : 

Whether  in  my  public  negociations,  and  in  my  general 
intercourse,  I  have  made  use  of  artifice  and  trick,  or  of  truth 
and  plain-dealing: 

Whether  I  have  affected  a  display  of  state ;  whether  I  have 
ever  shown  an  inordinate  solicitude  for  my  personal  safety; 
or  whether  I  have  not  been  thought  to  err  in  the  opposite 
extremes : 

Whether  I  left  the  country  in  a  worse  or  in  a  better  state 
of  population  and  cultivation  than  I  found  it: 

And  lastly,  whether  the  English  name,  power,  and  influ- 
ence were  ever  greater,  more  respected,  or  more  extensively 
known  in  India  before  than  during  my  administration,  and 
particularly  at  the  close  of  it. 

The  persons  who  can  be  most  instrumental  in  collecting 
the  suffrages  which  I  require,  are  Gunga  Govin  Sing;  Alice 
Ibraheem  Cawn ;  Beneram,  or  Bissumbes  Pundit;  Rajah  Go- 
vindram;  Tofuzzel  Hossein  Cawn;  Mowlary  Majud  O'Deen. 


560  SOURCE-BOOK  OF  ENGLISH  HISTORY 

or  his  brother  Muftee  Ahmed;  and  I  believe  I  may  venture 
to  join  Mahdajee  Sindia.  I  would  wish  at  least  to  have  his 
testimony,  and  those  of  every  other  chief  with  whom  our  Gov- 
ernment was  in  connexion;  Moodajee,  the  ministers  of  Poona, 
Nizam  al  Moolk,  Assof  o'Dowlah,  and  the  Nabob  Wallah 
Jah. 

I  cannot  prescribe  the  means.  Perhaps  I  have  been  too 
particular  in  detailing  the  ends.  But  you  must  make -al- 
lowance for  my  anxiety,  and  the  cause  which  I  have  to  make 
me  more  than  ordinarily  anxious. 

If  you  think  that  you  can  undertake  this  commission  with 
an  assurance  of  its  complete  execution,  you  will  of  course  (as 
I  should  on  every  account  wish)  first  propose  it  to  Lord 
Cornwallis  for  his  approbation.  If  he  objects  to  it,  there 
must  of  course  be  an  end  to  it.  Even  from  the  little  which  I 
know  of  his  Lordship,  and  from  his  general  character,  I  give 
him  credit  for  qualities  incompatible  with  such  a  supposition, 
and  assure  myself  besides  that  he  will  not  in  Bengal  have 
changed  the  opinion  which  he  entertained  of  me  in  England 
for  a  worse. 

I  wil  not  ask  your  forgiveness  for  wishing  to  impose  on 
you  so  much  trouble;  but  I  ought  if  I  thought  that  it  might 
eventually  draw  on  you  the  same  enmities  which  are  now 
directed  at  me.  I  confess,  I  think  such  may  be  the  conse- 
quence, though  I  rather  hope  that  the  crisis  of  this  phrenzy 
may  terminate  with  me.  If  it  does  not,  I  am  not  sure  that 
any  conduct  will  be  a  safeguard  against  it. 

You  will  readily  comprehend  that  I  do  not  mean  to  use  the 
justification  which  I  solicit  from  your  means  for  any  purpose 
of  meeting  the  impending  trial ;  for  though  I  am  certain  that 
every  artifice  will  be  put  in  practice  to  protract  it,  it  will  be 
impossible  to  extend  the  delay  beyond  another  sessions ;  I 
mean  another  after  the  present.  The  result,  therefore,  of  this 
plan  can  be  of  no  other  benefit  to  me  than  that  of  retrieving 
my  character  from  the  injury  which  it  may  have  received 
from  the  present  prosecution,  and  its  legal  consequences. 
These  must  all  have1  ceased  long  before  the  result  of  my  com- 
mission can  arrive  in  England.  I  am  not  sure  that  the  House 
of  Commons  will  vote  an  impeachment.  I  cannot  be  certain 
that  the  same  prejudices,  the  same  intrigues,  and  the  same 
influence  may  not  follow  me  into  the  House  of  Lords,  though 
in  judicial  matters  the  character  of  that  assembly  stands 
hitherto  unimpeached.  But  I  have  been  told  by  judgments 
much  better  informed  than  those  of  common  men,  that  much 


THE  INDIAN  EMPIRE  561 

is  to  be  apprehended,  even  in  that  assembly,  from  the  respect 
paid  to  a  decided  judgment  of  the  House  of  Commons,  and 
yet  more  to  the  ascribed  inclination  of  the  minister;  and  I 
myself  have  my  doubts  of  another  kind.  The  charges  may 
prove  so  numerous  and  complicated,  that  every  mind  will  not 
be  able  to  comprehend  them,  or  to  retain  even  what  they  do 
comprehend;  and  the  tedious  and  artificial  examination  of 
the  witnesses  to  every  charge  will,  with  other  process,  take 
up  such  a  length  of  time,  that  the  aged,  infirm,  and  indiffer- 
ent will  not  sit  out  the  trial.  I  may  therefore  lose  many  ver- 
dicts in  my  favour.  None  will  be  lost  of  those  which  are 
predetermined  against  me.  I  am  almost  ashamed  of  these 
suspicions,  yet,  after  what  has  passed,  how  can  I  avoid  them? 
I  have  been  condemned  by  one  assembly  for  having  intended 
by  a  resolution,  which  was  confined  to  my  own  breast,  to  ex- 
act a  fine  from  Cheyt  Sing  exceeding  his  offences,  admitted 
to  be  great,  and  a  fine,  if  moderate,  admitted  to  be  a  legal  and 
proper  punishment.  I  have  been  condemned  for  permitting 
the  jagheers  and  treasures  to  be  taken  from  the  mother  of 
the  Nabod  Assof  o'Dowlah,  because  in  the  evidence  adduced 
by  my  prosecutor  to  prove  my  guilt,  I  had  not  brought  proofs 
sufficient  of  the  Begum's  rebellion  against  her  sovereign,  and 
hostility  to  our  nation;  though  the  charge,  black  and  ran- 
corous as  it  is,  and  the  admired  harangue  of  the  mover  of  the 
charge,  fabricated  with  the  labour  of  months,  and  the  combi- 
nation of  all  the  powers  of  a  great  party,  both  stated  in  terms 
that  the  money  produced  by  these  exactions  was  applied  to 
the  relief  of  the  public  necessities,  and  they  have  not  dared 
to  suggest  that  I  took  or  attempted  to  take  any  part  of  it  to 
my  own  use.  Let,  however,  this  business  end  as  it  will,  a 
great  portion  of  mankind  will  think  they  judge  with  candour, 
if,  unable  to  comprehend  any  part  of  the  accusations,  they 
acquit  me,  at  a  guess,  of  some,  and  conclude  that  where  so 
much  is  alleged  against  me,  much  of  it  must  be  necessarily 
true.  The  plan  which  I  have  recommended  may  be  product- 
ive of  that  species  of  evidence  which  the  meanest  capacity 
will  understand,  and  which  will  most  effectually  and  totally 
efface  every  prejudice  against  me.  Let  it  arrive  when  it 
will,  whether  I  shall  have  received  an  absolute  and  unquali- 
fied, acquittal,  or  a  condemnation;  whether  I  am  alive  or 
deadj  it  will  answer  the  end  for  which  I  want  it.  I  am  ever, 
my  dear  Shore,  your  most  affectionate  friend. 

(Memoirs  of  the  Life  of  the  Right  Hon.  Warren  Hastings,  by  Rev.  G.  R.  Gleig, 
Loud.,  1841,  III,  p.  321.) 


562  SOURCE-BOOK  OP  ENGLISH  HISTORY 

231.    Cession  of  India  to  the  English  Crown 

(1858) 

Nolan 

In  1858  the  old  East  India  Company  formally  resigned  its 
interests  in  India,  and  the  land  became  entirely  subject  to  the 
crown  of  England.  There  were  many  reasons  for  this  step ;  the 
old  government  had  not  proved  entirely  faithful  to  the  trusts 
reposed  in  it,  and  there  was  need  for  a  more  stable  form  of  rule. 
The  proclamation  made  by  the  Queen  sets  forth  the  policy 
adopted  by  England  in  assuming  control.  It  must  be  remem- 
bered that  at  the  time  of  the  transfer  the  India  Mutiny  was  in 
progress;  hence  the  clauses  as  to  the  enforcement  of  justice  and 
the  granting  of  clemency.  It  is  probable  that  to  this  fact  was 
also  due  the  tenderness  displayed  for  the  religious  feelings  of 
the  natives. 

PROCLAMATION    BY    THE    QUEEN    IN    COUNCIL    TO    THE    PRINCES, 
CHIEFS,  AND  PEOPLE  OF  INDIA 

VICTORIA,  by  the  grace  of  God  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  and  of  the  Colonies  and  Depen- 
dencies thereof  in  Europe,  Asia,  Africa,  America,  and  Aus- 
tralia, Queen,  Defender  of  the  Faith. 

Whereas,  for  divers  weighty  reasons,  we  have  resolved,  by 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal,  and  Commons,  in  Parliament  assembled,  to  take 
upon  ourselves  the  government  of  the  territories  in  India 
heretofore  administered  in  trust  for  us  by  the  Honourable 
East  India  Company, 

Now,  therefore,  we  do  by  these  presents  notify  and  declare 
that,  by  the  advice  and  consent  aforesaid,  we  have  taken  upon 
ourselves  the  said  government ;  and  we  hereby  call  upon  all 
our  subjects  within  the  said  territories  to  be  faithful,  and  to 
bear  true  allegiance  to  us,  our  heirs  and  successors,  and  to 
submit  themselves  to  the  authority  of  those  whom  we  may 
hereafter,  from  time  to  time,  see  fit  to  appoint  to  administer 
the  government  of  our  said  territories,  in  our  name  and  on 
our  behalf. 

And  we,  reposing  especial  trust  and  confidence  in  the 
loyalty,  ability,  and  judgment  of  our  right  trusty  and  well- 
beloved  cousin  and  counsellor,  Charles  John,  Viscount 
Canning,  do  hereby  constitute  and  appoint  him,  the  said  Vis- 
count Canning,  to  be  our  first  Viceroy  and  Governor-General 
in  and  over  our  said  territories,  and  to  administer  the  govern- 
ment thereof  in  our  name,  and  generally  to  act  in  our  name 
and  on  our  behalf,  subject  to  such  orders  and  regulations  as 
he  shall,  from  time  to  time,  receive  from  us  through  one  of 
our  Principal  Secretaries  of  State. 


THE  INDIAN  EMPIRE  563 

And  we  do  hereby  confirm  in  their  several  offices,  civil 
and  military,  all  persons  now  employed  in  the  service  of  the 
Honourable  East  India  Company,  subject  to  our  future 
pleasure,  and  to  such  laws  and  regulations  as  may  hereafter 
be  enacted. 

We  hereby  announce  to  the  native  princes  of  India  that 
all  treaties  and  engagements  made  with  them  by  or  under  the 
authority  of  the  Honourable  East  India  Company  are  by  us 
accepted,  and  will  be  scrupulously  maintained,  and  we  look 
for  the  like  observance  on  their  part. 

We  desire  no  extension  of  our  present  territorial  posses- 
sions; and,  while  we  will  permit  no  aggression  upon  our  do- 
minions or  our  rights  to  be  attempted  with  impunity,  we 
shall  sanction  no  encroachment  on  those  of  others.  We  shall 
respect  the  rights,  dignity,  and  honour  of  native  princes  as 
our  own;  and  we  desire  that  they,  as  well  as  our  own  sub- 
jects, should  enjoy  that  prosperity  and  that  social  advance- 
ment which  can  only  be  secured  by,  internal  peace  and  good 
government. 

We  hold  ourselves  bound  to  the  natives  of  our  Indian  ter- 
ritories by  the  same  obligations  of  duty  which  bind  us  to  all 
our  other  subjects,  and  those  obligations,  by  the  blessing  of 
Almighty  God,  we  shall  faithfully  and  conscientiously  fulfil. 

Firmly  relying  ourselves  on  the  truth  of  Christianity,  and 
acknowledging  with  gratitude  the  solace  of  religion,  we  dis- 
claim alike  the  right  and  desire  to  impose  our  convictions 
on  any  of  our  subjects.  We  declare  it  to  be  our  royal  will  and 
pleasure  that  none  be  in  anywise  favoured,  none  molested  or 
disquieted,  by  reason  of  their  religious  faith  or  observances, 
but  that  all  shall  alike  enjoy  the  equal  and  impartial  protec- 
tion of  the  law;  and  we  do  strictly  charge  and  enjoin  all 
those  who  may  be  in  authority  under  us  that  they  abstain 
from  all  interference  with  the  religious  belief  or  worship  of 
any  of  our  subjects  on  pain  of  our  highest  displeasure. 

And  it  is  our  further  will  that,  so  far  as  may  be,  our  sub- 
jects, of  whatever  race  or  creed,  be  freely  and  impartially 
admitted  to  offices  in  our  service,  the  duties  of  which  they 
may  be  qualified,  by  their  education,  ability,  and  integrity, 
duly  to  discharge. 

We  know,  and  respect,  the  feelings  of  attachment  with 
which  the  natives  of  India  regard  the  lands  inherited  by  them 
from  their  ancestors,  and  we  desire  to  protect  them  in  all 
rights  connected  therewith,  subject  to  the  equitable  demands 
of  the  State ;  and  we  will  that,  generally,  in  framing  and  ad- 


564  SOURCE-BOOK  OF  ENGLISH  HISTORY 

ministering  the  law,  due  regard  be  paid  to  the  ancient  rights, 
usages,  and  customs  of  India. 

We  deeply  lament  the  evils  and  misery  which  have  been 
brought  upon  India  by  the  acts  of  ambitious  men,  who  have 
deceived  their  countrymen  by  false  reports,  and  led  them  into 
open  rebellion.  Our  power  has  been  shown  by  the  suppres- 
sion of  that  rebellion  in  the  field :  we  desire  to  show  our 
mercy  by  pardoning  the  offences  of  those  who  have  been  thus 
misled,  but  who  desire  to  return  to  the  path  of  duty. 

Already,  in  one  province,  with  a  view  to  stop  the  further 
effusion  of  blood,  and  to  hasten  the  pacification  of  our  In- 
dian dominions,  our  Viceroy  and  Governor-General  has  held 
out  the  expectation  of  pardon,  on  certain  terms,  to  the  great 
majority  of  those  who,  in  the  late  unhappy  disturbances,  have 
been  guilty  of  offences  against  our  Government,  and  has  de- 
clared the  punishment  which  will  be  inflicted  on  those  whose 
crimes  place  beyond  the  reach  of  forgiveness.  We  approve 
and  confirm  the  said  act  of  our  Viceroy  and  Governor- 
General,  and  do  further  announce  and  proclaim  as  follows : 

Our  clemency  will  be  extended  to  all  offenders,  save  and 
except  those  who  have  been,  or  shall  be,  convicted  of  having 
directly  taken  part  in  the  murder  of  British  subjects.  With 
regard  to  such  the  demands  of  justice  forbid  the  exercise  of 
mercy. 

To  those  who  have  willingly  given  asylum  to  murderers, 
knowing  them  to  be  such,  or  who  may  have  acted  as  leaders 
or  instigators  in  revolt,  their  lives  alone  can  be  guaranteed ; 
but,  in  apportioning  the  penalty  clue  to  such  persons,  full 
consideration  will  be  given  to  the  circumstances  under  which 
they  have  been  induced  to  throw  off  their  allegiance;  and 
large  indulgence  will  be  shown  to  those  whose  crimes  may  ap- 
pear to  have  originated  in  the  credulous  acceptance  of  the 
false  reports  circulated  by  designing  men. 

To  all  others  in  arms  against  the  government  we  hereby 
promise  unconditional  pardon,  amnesty,  and  oblivion  of  all 
offence  against  ourselves,  our  crown,  and  dignity,  on  their 
return  to  their  homes  and  peaceful  pursuits. 

It  is  our  royal  pleasure,  that  these  terms  of  grace  and 
amnesty  should  be  extended  to  all  those  who  comply  with 
these  conditions  before  the  ist  day  of  January  next. 

When,  by  the  blessing  of  Providence,  internal  tranquillity 
shall  be  restored,  it  is  our  earnest  desire  to  stimulate  the 
peaceful  industry  of  India,  to  promote  works  of  public  utility 
and  improvement,  and  to  administer  its  government  for  the 


THE  INDIAN  EMPIRE  565 

benefit  of  all  our  subjects  resident  therein.  In  their  pros- 
perity will  be  our  strength,  in  their  contentment  our  security, 
and  in  their  gratitude  our  best  reward.  And  may  the  God 
of  all  power  grant  to  us,  and  to  those  in  authority  under  us, 
strength  to  carry  out  these  our  wishes  for  the  good  of  our 
people. 

(History  of  India,  E.  H.  Nolan,  Lond.,  n.  d.,  Ill,  p.  i.) 

232.    Victoria,  Empress  of  India 

(•877) 

Wheeler 

In  1876  Victoria  issued  a  formal  proclamation,  in  which  she 
assumed  the  dignity  and  title  of  Empress  of  India.  This  pro- 
clamation recited  that  on  January  i,  1877,  the  said  title  and  dig- 
nity were  to  vest  in  the  royal  house  of  England.  The  date 
named  was  made  a  day  of  festivity  in  India.  The  royal  procla- 
mation was  read  at  Delhi  with  impressive  ceremonies.  The  ac- 
count of  these  ceremonies,  which  also  contains  the  text  of  the 
royal  proclamation,  is  given. 

The  first  of  January  eighteen  hundred  and  seventy-seven 
was  the  great  day  of  the  Imperial  Assemblage.  Her  Majesty 
the  Queen  of  England  was  proclaimed  Empress  of  India. 
The  Governors  and  other  High  Officials  of  British  India 
were  assembled  together  with  all  the  Ruling  Native  Chiefs 
to  inaugurate  the  installation  of  the  Empress  as  the  Sover- 
eign of  Her  Eastern  Empire. . . . 

The  scene  of  the  Proclamation  was  a  turf-covered  plain 
about  four  miles  from  Delhi.  Three  structures  had  been  set 
up,  namely,  a  Throne  Pavilion  for  the  Viceroy,  an  Amphi- 
theatre for  the  High  Officials  and  Ruling  Chiefs,  and  blocks 
for  Representatives  of  Foreign  Governments  and.  spectators. 

The  Throne  Pavilion  was  a  graceful  building  of  blue,  red, 
and  gold,  near  the  centre  of  the  area.  It  was  a  hexagon; 
each  of  its  sides  was  forty  feet  long;  the  whole  was  thus 
about  two  hundred  and  twenty-four  feet  round.  The  details 
are  worth  describing.  The  lower  part  was  a  solid  structure 
of  masonry  ten  feet  from  the  ground.  It  was  surrounded 
by  a  gilded  railing.  There  was  a  flight  of  steps  in  front  and 
another  behind,  also  with  gilded  railings.  The  upper  part 
was  a  canopy  raised  over  the  structure,  supported  on  twelve 
slender  clustered  shafts.  The  Imperial  Crown  at  the  top 
rested  upon  a  cushion.  Beneath  it  depended  a  graceful 
drapery  of  red  clothes  embroidered  with  gold.  On  the  upper 
cornice  was  worked  a  pattern  of  festooned  laurel  wreaths 
and  Imperial  Crowns.  At  each  angle  was  a  trophy  of  three 


566  SOURCE-BOOK  OF  ENGLISH  HISTORY 

satin  bannerets,  festooned  outwards,  displaying  the  Cross  of 
St.  George  and  the  Union  Jack.  Below  the  cornice  the  ca- 
nopy was  continued  in  alternate  stripes  of  red  and  white 
satin,  embroidered  with  golden  fleurs  de  Us.  There  was  a 
lower  frieze  with  an  armorial  vallance  hanging  from  it.  The 
frieze  displaced  the  Rose,  Shamrock,  and  Thistle,  embroid- 
ered with  the  Lotos  of  India  in  gold,  silver,  and  colours.  It 
was  adorned  at  each  angle  by  a  gilded  crown  and  silken 
drapery.  The  vallance  was  composed  of  shield-shaped  forms, 
on  which  were  shown  alternately  the  Irish  Harp,  the  Lion 
Rampant  of  Scotland,  and  the  three  Lions  of  England.  The 
shafts  of  the  canopy  were  hung  with  silver  shields,  about  ten 
feet  from  the  ground,  bearing  the  imperial  monogram  in 
gold,  surmounted  by  bannerets  of  various-coloured  satins. . . . 

From  an  early  hour  there  had  been  a  general  gathering 
towards  the  Imperial  Assemblage.  Ruling  Chiefs  drove  by 
in  state  carriages  accompanied  by  retainers  and  soldiers. 
Groups  of  elephants  crowded  to  the  same  spot  clad  in  the 
trappings  they  had  worn  on  the  day  of  the  entry.  Vast 
multitudes  also  assembled  to  see  the  various  Chiefs  and  High 
Officials  pass  by  on  their  way  to  the  place-  of  Proclamation. 
The  spectators'  seats  on  either  side  of  the  Throne  Pavilion 
were  occupied  by  Ambassadors,  Envoys,  and  Deputations, 
including  those  from  Nipal  and  Siam ;  also  by  Foreign  Con- 
suls, and  a  large  number  of  European  ladies  and  gentlemen. 
Here  also  were  seated-  the  Khan  of  Khelat,  the  Governor- 
General  of  the  Portuguese  Settlements  in  India,  and  numer- 
ous Native  nobles  and  officials.  The  general  public  were 
also  admitted  in  great  numbers  to  the  inclosure,  behind  the 
Amphitheatre. 

All  the  British  troops  assembled  at  Delhi  were  drawn  up 
on  a  plain,  to  the  north  of  the  pavilions;  the  Native  chiefs 
and  nobles  had  in  like  manner  drawn  up  their  retainers  and 
followers  on  the  opposite  plain  to  the  south  of  the  pavilions. 

Guards  of  honour  were  drawn  up  on  either  side  of  the 
Throne  Pavilion,  as  well  as  at  each  of  the  several  entrances 
to  the  Amphitheatre. 

At  noon  a  flourish  of  trumpets  from  the  Heralds  an- 
nounced the  arrival  of  His  Excellency  the  Viceroy.  All  who 
were  present  in  that  vast  assembly  rose  from  their  seats ; 
the  military  bands  played  a  grand  march.  His  Excellency, 
who  was  accompanied  by  Lady  Lytton  and  the  members  of 
his  family,  alighted  from  his  carriage  and  advanced  towards 
the  Throne  Pavilion  preceded  by  the  Personal  Staff.  The 


THE  INDIAN  EMPIRE  567 

bands  struck  up  the  National  Anthem,  and  the  guards  of 
honour  presented  arms  as  the  Viceroy  took  his  seat  upon  the 
throne. 

The  proceedings  were  simple  and  impressive.  His  Ex- 
cellency was  arrayed  in  his  robes  as  Grand  Master  of  the 
Star  of  India.  He  commanded  the  Chief  Herald  to  read  the 
Proclamation  of  the  assumption  of  the  Imperial  Title  by 
Her  Majesty  the  Queen.  The  twelve  Heralds  sounded  a 
flourish  of  trumpets.  The  Chief  Herald  then  read  the  Pro- 
clamation in  a  loud  voice,  which  was  heard  by  the  whole 
Assemblage. 

"VICTORIA,  R. 

"Whereas  an  Act  has  been  passed  in  the  present  Sessions 
of  Parliament,  intituled  'An  Act  to  enable  Her  Most  Gra- 
cious Majesty  to  make  an  addition  to  the  Royal  Style  and 
Titles  appertaining  to  the  Imperial  Crown  of  the  United 
Kingdom  and  its  Dependencies,'  which  Act  recites  that,  by 
the  Act  for  the  Union  of  Great  Britain  and  Ireland,  it  was 
provided  that  after  such  Union  the  Royal  Style  and  Titles 
appertaining  to  the  Imperial  Crown  of  the  United  Kingdom 
and  its  Dependencies  should  be  such  as  His  Majesty  by  His 
Royal  Proclamation  under  the  Great  Seal  of  the  United 
Kingdom  should  be  pleased  to  appoint:  and  which  Act  also 
recites  that,  by  virtue  of  the  said  Act,  and  of  a  Royal  Pro- 
clamation under  the  Great  Seal,  dated  the  ist  day  of  Jan- 
uary 1 80 1,  Our  present  Style  and  Titles  are  'VICTORIA,  by 
the  Grace  of  God  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  QUEEN,  Defender  of  the  Faith' :  and  which  Act 
also  recites  that,  by  the  Act  for  the  better  government  of 
India,  it  was  enacted  that  the  Government  of  India,  thereto- 
fore vested  in  the  East  India  Company  in  trust  for  Us,  should 
become  vested  in  Us,  and  that  India  should  thenceforth  be 
governed  by  Us  and  in  Our  name,  and  that  it  is  expedient 
that  there  should  be  a  recognition  of  the  transfer  of  govern- 
ment so  made  by  means  of  an  addition  to  be  made  to  Our 
Style  and  Titles:  and  which  Act,  after  the  said  recitals,  en- 
acts that  it  shall  be  lawful  for  Us,  with  a  view  to  such  re- 
cognition as  aforesaid,  of  the  transfer  of  the  Government 
of  India,  by  Our  Proclamation  under  the  Great  Seal  of  the 
United  Kingdom  to  make  such  addition  to  the  Style  and 
Titles  at  present  appertaining  to  the  Imperial  Crown  of  the 
United  Kingdom  and  its  Dependencies  as  to  Us  may  seem 
meet;  we  have  thought  fit,  by  and  with  the  advice  of  Our 


568  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Privy  Council,  to  appoint  and  declare,  and  We  do  hereby, 
by  and  with  the  said  advice,  appoint  and  declare  that  hence- 
forth, so  far  as  conveniently  may  be,  on  all  occasions  and  in 
all  instruments  wherein  Our  Style  and  Titles  are  used,  save 
and  except  all  Charters,  Commissions,  Letters  Patent,  Grants, 
Writs,  Appointments,  and  other  like  instruments,  not  ex- 
tending in  their  operation  beyond  the  United  Kingdom,  the 
following  addition  shall  be  made  to  the  Style  and  Titles  at 
present  appertaining  to  the  Imperial  Crown  of  the  United 
Kingdom  and  its  Dependencies;  that  is  to  say,  in  the  Latin 
tongue  in  these  words:  'INDITE  IMPERATRIX.'  And  in  the 
English  tongue  in  these  words:  'EMPRESS  OF  INDIA.' 

"And  Our  will  and  pleasure  further  is,  that  the  said  ad- 
dition shall  not  be  made  in  the  Commissions,  Charters,  Let- 
ters Patent,  Grants,  Writs,  Appointments,  and  other  like 
instruments,  hereinbefore  specially  excepted. 

"And  Our  will  and  pleasure  further  is,  that  all  gold,  silver, 
and  copper  moneys,  now  current  and  lawful  moneys  of  the 
United  Kingdom,  and  all  gold,  silver,  and  copper  moneys 
which  shall  on  or  after  this  day  be  coined  by  Our  authority 
with  the  like  impressions,  shall,  notwithstanding  such  addi- 
tion to  Our  Style  and  Titles,  be  deemed  and  taken  to  be 
current  and  lawful  moneys  of  the  said  United  Kingdom ;  and 
further,  that  all  moneys  coined  for  and  issued  in  any  of  the 
Dependencies  of  the  said  United  Kingdom,  and  declared  by 
Our  Proclamation  to  be  current  and  lawful  money  of  such 
Dependencies  respectively  bearing  Our  Style,  or  Titles,  or 
any  part  or  parts  thereof,  and  all  moneys  which  shall  here- 
after be  coined  and  issued  according  to  such  Proclamation, 
shall,  notwithstanding  such  addition,  continue  to  be  lawful 
and  current  money  of  such  Dependencies  respectively,  until 
Our  pleasure  shall  be  further  declared  thereupon. 

"Given  at  Our  Court  at  Windsor  the  twenty-eighth  day 
of  April  One  thousand  eight  hundred  and  seventy-six  in  the 
thirty-ninth  year  of  Our  Reign. 

"GOD    SAVE    THE    QUEEN." 
(History  of  the  Imperial  Assemblage  at  Delhi,  J.  T.  Wheeler,  Lond.,  n.  d.(  p.  70.) 


CHAPTER  XXXV 

ENGLAND  AND  THE  TRANSVAAL 

233.    The  Sand  River  Convention 

The  far-reaching  consequences  which  threatened  to  result  from 
the  war  between  England  and  the  Transvaal  Republic,  the  ques- 
tions in  diplomacy  and  international  law  which  have  been  raised, 
seem  to  justify  a  departure  from  the  principles  hitherto  followed 
in  the  making  of  this  book.  I  have  therefore  given  the  complete 
texts  of  the  three  important  conventions  by  which  the  contesting 
nations  sought  to  justify  their  respective  positions.  The  first  of 
these  treaties  is  entitled  The  Sand  River  Convention,  and  was 
made  in  1852. 

Minute  of  a  meeting  held  on  the  farm  of  Mr.  P.  A.  Venter, 
Sand  River,  on  Friday,  the  i6th  day  of  January,  1852,  be- 
tween her  Majesty's  Commissioners,  Major  W.  S.  Hogge 
and  C.  M.  Owen,  appointed  to  settle  the  affairs  of  the  east 
and  north-east  boundaries  of  the  Cape  Colony,  on  the  one 
part;  and  the  following  deputies  of  the  emigrant  Boers, 
living  north  of  Vaal  River,  on  the  other  hand:  A.  W.  J. 
Pretorius,  Comdt.-General ;  H.  S.  Lombard,  Landdrost;  H. 
F.  Joubert,  Comdt.-General;  G.  F.  Krieger,  Commandant, 
and  twelve  others. 

i.  The  Assistant  Commissioners  guarantee  in  the  fullest 
manner,  on  the  part  of  the  British  Government,  to  the  emi- 
grant farmers  beyond  the  Vaal  River,  the  right  to  manage 
their  own  affairs,  and  to  govern  themselves  according  to 
their  own  laws,  without  any  interference  on  the  part  of  the 
British  Government ;  and  that  no  encroachment  shall  be 
made  by  the  said  Government  on  the  territory  beyond,  to  the 
north  of  the  Vaal  River,  with  the  further  assurance  that  the 
warmest  wish  of  the  British  Government  is  to  promote  peace, 
free  trade,  and  friendly  intercourse  with  the  emigrant  far- 
mers now  inhabiting,  or  who  may  inhabit,  that  country;  it 
being  understood  that  this  system  of  non-interference  is 
binding  upon  both  parties. 

S69 


570  SOURCE-BOOK  OF  ENGLISH  HISTORY 

2.  Should  any  misunderstanding  hereafter  arise  as  to  the 
true  meaning  of  the  words,  "The  Vaal  River,"  this  question, 
in  so  far  as  it  regards  the  line  from  the  source  of  that  river, 
over  to  Drakensberg,  shall  be  settled  and  adjusted  by  Com- 
missioners chosen  by  both  parties. 

3.  Her    Majesty's    Assistant    Commissioners    hereby    dis- 
claim  all   alliances  whatever   and   with   whomsoever   of  the 
coloured  nations  to  the  north  of  the  Vaal  River. 

4.  It  is  agreed  that  no  slavery  is  or  shall  be  permitted  or 
practised  in  the  country  to  the  north  of  the  Vaal  River  by 
the  emigrant  farmers. 

5.  Mutual  facilities  and  liberty  shall  be  afforded  to  traders 
and   travellers   on   both   sides   of  the  Vaal   River ;   it   being 
understood  that  every  waggon  containing  firearms,  coming 
from  the  south  side  of  the  Vaal  River,  shall  produce  a  cer- 
tificate signed  by  a  British  magistrate,  or  other  functionary, 
duly   authorized   to   grant   such,   and   which    shall   state   the 
quantities  of  such  articles  contained  in  said  waggon  to  the 
nearest  magistrate  north  of  the  Vaal  River,  who  shall  act 
in    the    case    as    the    regulations    of    the    emigrant    farmers 
direct.     It  is   agreed   that   no   objections   shall   be   made  by 
any  British  authority  against  the  emigrant  Boers  purchasing 
their  supplies  of  ammunition  in  any  of  the  British  Colonies 
and  possesions  of   South   Africa;   it   being  mutually  under- 
stood that  all  trade   in   ammunition   with   the   native  tribes 
is  prohibited,  both  by  the  British  Government  and  the  emi- 
grant farmers  on  both  sides  of  the  Vaal  River. 

6.  It  is  agreed  that,  so  far  as  possible,  all  criminals  and 
other  guilty  parties  who  may  fly  from  justice  either  way 
across   the   Vaal   River   shall   be   mutually   delivered   up,    if 
such  should  be  required;  and  that  the  British  courts,  as  well 
as  those  of  the  emigrant  farmers,  shall  be  mutually  opened 
to  each   other   for  all   legitimate  processes,   and  that   sum- 
monses for  witnesses  sent  either  way  across  the  Vaal  River 
shall  be  backed  by  the  magistrates  on  each  side  of  the  same 
respectively,   to   compel    the   attendance   of   such   witnesses 
when  required. 

7.  It  is  agreed  that  certificates  of  marriage  issued  by  the 
proper   authorities   of  the   emigrant   farmers   shall   be   held 
valid  and  sufficient  to  entitle  children  of  such  marriages  to 
receive  portions  accruing  to  them  in  any  British  colony  or 
possession  in  South  Africa. 

8.  It  is  agreed  that  any  and  every  person  now  in  posses- 
sion of  land,  and  residing  in  British  territory,  shall  have  free 


ENGLAND  AND  THE  TRANSVAAL  571 

right  and  power  to  sell  his  said  property,  and  remove  unmo- 
lested across  the  Vaal  River  and  vice  versa;  it  being  distinct- 
ly understood  that  this  arrangement  does  not  comprehend 
criminals  or  debtors  without  providing  for  the  payment  of 
their  just  and  lawful  debts. 

(From  a  published  copy  of  the  original  document.) 

234.    The  Convention  of  Pretoria 

The  second  treaty  between  the  Transvaal  and  England  was 
that  made  at  Pretoria  in  1881.  While  the  suzerainty  of  the 
Queen  of  England  is  specifically  acknowledged  in  the  Preamble, 
the  rights  of  England  in  the  Transvaal  are  definitely  limited. 
Although  much  of  the  convention  is  of  minor  interest,  it  has 
been  thought  best  to  give  the  whole  document. 

Preamble.  Her  Majesty's  Commissioners  for  the  settle- 
ment of  the  Transvaal  territory,  duly  appointed  as  such  by 
a  commission  passed  under  the  Royal  Sign  Manual  and 
Signet,  bearing  date  the  5th  of  April,  1881,  do  hereby  under- 
take and  guarantee  on  behalf  of  her  Majesty  that,  from  and 
after  the  8th  day  of  August,  1881,  complete  self-government, 
subject  to  the  suzerainty  of  her  Majesty,  her  heirs  and  suc- 
cessors, will  be  accorded  to  the  inhabitants  of  the  Transvaal 
territory,  upon  the  following  terms  and  conditions,  and  sub- 
ject to  the  following  reservations  and  limitations : — 

Article  I.  The  said  territory,  to  be  hereinafter  called  the 
Transvaal  State,  will  embrace  the  land  lying  between  the 
following  boundaries,  to  wit:  [here  follows  definition  of 
boundaries.] 

Article  2.  Her  Majesty  reserves  to  herself,  her  heirs 
and  successors  (a)  the  right  from  time  to  time  to  appoint  a 
British  Resident  in  and  for  the  said  state,  with  such  duties 
and  functions  as  are  hereinafter  defined;  (&)  the  right  to 
move  troops  through  the  said  state  in  time  of  war,  or  in  case 
of  the  apprehension  of  immediate  war  between  the  suzerain 
power  and  any  foreign  state  or  native  tribe  in  South  Africa; 
and  (c)  the  control  of  the  external  relations  of  the  said 
state,  including  the  conclusion  of  treaties  and  the  conduct 
of  diplomatic  intercourse  with  foreign  powers,  such  inter- 
course to  be  carried  on  through  her  Majesty's  diplomatic  and 
consular  officers  abroad. 

Article  3.  Until  altered  by  the  Volksraad,  or  other  com- 
petent authority,  all  laws,  whether  passed  before  or  after 
the  annexation  of  the  Transvaal  territory  to  her  Majesty's 


572  SOURCE-BOOK  OF  ENGLISH  HISTORY 

dominions,  shall,  except  in  so  far  as  they  are  inconsistent 
with  or  repugnant  to  the  provisions  of  this  Convention,  be 
and  remain  in  force  in  the  said  state  in  so  far  as  they  shall 
be  applicable  thereto,  provided  that  no  future  enactment 
especially  affecting  the  interest  of  natives  shall  have  any 
force  or  effect  in  the  said  state,  without  the  consent  of  her 
Majesty,  her  heirs  and  successors,  first  had  and  obtained  and 
signified  to  the  government  of  the  said  state  through  the 
British  Resident ;  provided  further  that  in  no  case  will  the 
repeal  or  amendment  of  any  laws  enacted  since  the  an- 
nexation have  a  retrospective  effect,  so  as  to  invalidate  any 
acts  done  or  liabilities  incurred  by  virtue  of  such  laws. 

Article  4.  On  the  8th  day  of  August,  1881,  the  govern- 
ment of  the  said  state,  together  with  all  rights  and  obliga- 
tions thereto  appertaining,  and  all  state  property  taken  over 
at  the  time  of  annexation,  save  and  except  munitions  of  war, 
will  be  handed  over  to  Messrs.  Stephanus  Johannes  Paulus 
Kruger,  Martinus  Wessel  Pretorius,  and  Petrus  Jacobus 
Joubert,  or  the  survivor  or  survivors  of  them,  who  will  forth- 
with cause  a  Volksraad  to  be  elected  and  convened,  and  the 
Volksraad,  thus  elected  and  convened,  will  decide  as  to  the 
further  administration  of  the  government  of  the  said  state. 

Article  5.  All  sentences  passed  upon  persons  who  may  be 
convicted  of  offences  contrary  to  the  rules  of  civilized  war- 
fare committed  during  the  recent  hostilities  will  be  duly 
carried  out,  and  no  alteration  or  mitigation  of  such  senten- 
ces will  be  made  or  allowed  by  the  Government  of  the  Trans- 
vaal State  without  her  Majesty's  consent  conveyed  through 
the  British  Resident.  In  case  there  shall  be  any  prisoners 
in  any  of  the  gaols  of  the  Transvaal  State  whose  respective 
sentences  of  imprisonment  have  been  remitted  in  part  by  her 
Majesty's  Administrator  or  other  officer  administering  the 
Government,  such  remission  will  be  recognised  and  acted 
upon  by  the  future  government  of  the  said  state. 

Article  6.  Her  Majesty's  Government  will  make  due  com- 
pensation for  all  losses  and  damage  sustained  by  reason  of 
such  acts  as  are  in  the  8th  Article  hereinafter  specified, 
which  may  have  been  committed  by  her  Majesty's  forces 
during  the  recent  hostilities,  except  for  such  losses  or  damage 
as  may  already  have  been  compensated  for,  and  the  Govern- 
ment of  the  Transvaal  State  will  make  due  compensation  for 
all  losses  or  damage  sustained  by  reason  of  such  acts  as  are 
in  the  8th  Article  hereinafter  specified  which  may  have 
been  committed  by  the  people  who  were  in  arms  against  her 


ENGLAND  AND  THE  TRANSVAAL  573 

Majesty  during  the  recent  hostilities,  except  for  such  losses 
or  damage  as  may  already  have  been  compensated  for. 

Article  7.  The  decision  of  all  claims  for  compensation, 
as  in  the  last  preceding  Article  mentioned,  will  be  referred 
to  a  sub-commission,  consisting  of  the  Hon.  George  Hudson, 
the  Hon.  Jacobus  Petrus  de  Wet,  and  the  Hon.  John  Gilbert 
Kotze.  In  case  one  or  more  of  such  sub-commissioners  shall 
be  unable  or  unwilling  to  act,  the  remaining  sub-commissioner 
or  sub-commissioners  will,  after  consultation  with  the  Gov- 
ernment of  the  Transvaal  State,  submit  for  the  approval  of 
her  Majesty's  High  Commissioners  the  names  of  one  or  more 
persons  to  be  appointed  by  them  to  fill  the  place  or  places 
thus  vacated.  The  decision  of  the  said  sub-commissioners, 
or  of  a  majority  of  them,  will  be  final.  The  said  sub-com- 
missioners will  enter  upon  and  perform  their  duties  with  all 
convenient  speed.  They  will,  before  taking  evidence  or 
ordering  evidence  to  be  taken  in  respect  of  any  claim,  decide 
whether  such  claim  can  be  entertained  at  all  under  the  rules 
laid  down  in  the  next  succeeding  Article.  In  regard  to  claims 
which  can  be  so  entertained,  the  sub-commissioners  will,  in 
the  first  instance,  afford  every  facility  for  an  amicable  ar- 
rangement as  to  the  amount  payable  in  respect  of  any  claim, 
and  only  in  cases  in  which  there  is  no  reasonable  ground  for 
believing  that  an  immediate  amicable  arrangement  can  be  ar- 
rived at  will  they  take  evidence  or  order  evidence  to  be 
taken.  For  the  purpose  of  taking  evidence  and  reporting 
thereon,  the  sub-commissioners  may  appoint  deputies,  who 
will,  without  delay,  submit  records  of  the  evidence  and  their 
reports  to  the  sub-commissioners.  The  sub-commissioners 
will  arrange  their  sittings  and  the  sittings  of  their  deputies 
in  such  a  manner  as  to  afford  the  earliest  convenience  to 
the  parties  concerned  and  their  witnesses.  In  no  case  will 
costs  be  allowed  to  either  side,  other  than  the  actual  and 
reasonable  expenses  of  witnesses  whose  evidence  is  certified 
by  the  sub-commissioners  to  have  been  necessary.  Interest 
will  not  run  on  the  amount  of  any  claim,  except  as  is  herein- 
after provided  for.  The  said  sub-commissioners  will  forth- 
with, after  deciding  upon  any  claim,  announce  their  decision 
to  the  Government  against  which  the  award  is  made  and  to 
the  claimant.  The  amount  of  remuneration  payable  to  the 
sub-commissioners  and  their  deputies  will  be  determined  by 
the  High  Commissioners.  After  all  the  claims  have  been  de- 
cided upon,  the  British  Government  and  the  Government  of 
the  Transvaal  State  will  pay  proportionate  shares  of  the  said 


574  SOURCE-BOOK  OP  ENGLISH  HISTORY 

remuneration  and  of  the  expenses  of  the  sub-commissioners 
and  their  deputies,  according  to  the  amount  awarded  against 
them  respectively. 

Article  8.  For  the  purpose  of  distinguishing  claims  to  be 
accepted  from  those  to  be  rejected,  the  sub-commissioners 
will  be  guided  by  the  following  rules,  viz. :  —  Compensation 
will  be  allowed  for  losses  or  damage  sustained  by  reason  of 
the  following  acts  committed  during  the  recent  hostilities, 
viz.,  (a)  commandeering,  seizure,  confiscation,  or  destruction 
of  property,  or  damage  done  to  property;  (b)  violence  done 
or  threats  used  by  persons  in  arms.  In  regard  to  acts  under 
(a),  compensation  will  be  allowed  for  direct  losses  only. 
In  regard  to  acts  falling  under  (fr),  compensation  will  be 
allowed  for  actual  losses  of  property,  or  actual  injury  to 
the  same  proved  to  have  been  caused  by  its  enforced  abandon- 
ment. No  claims  for  indirect  losses,  except  such  as  are  in 
this  Article  specially  provided  for,  will  be  entertained.  No 
claims  which  have  been  handed  in  to  the  Secretary  of  the 
Royal  Commission  after  the  first  day  of  July,  1881,  will  be 
entertained,  unless  the  sub-commissioners  shall  be  satisfied 
that  the  delay  was  reasonable.  When  claims  for  loss  of 
property  are  considered,  the  sub-commissioners  will  require 
distinct  proof  of  the  existence  of  the  property,  and  that  it 
neither  has  reverted  nor  will  revert  to  the  claimant. 

Article  9.  The  Government  of  the  Transvaal  State  will 
pay  and  satisfy  the  amount  of  every  claim  awarded  against 
it  within  one  month  after  the  sub-commissioners  shall  have 
notified  their  decision  to  the  said  Government,  and  in  default 
of  such  payment  the  said  Government  will  pay  interest  at  the 
rate  of  six  per  cent,  per  annum  from  the  date  of  such  default ; 
but  her  Majesty's  Government  may  at  any  time  before  such 
payment  pay  the  amount,  \vith  interest,  if  any,  to  the  claim- 
ant in  satisfaction  of  his  claim,  and  may  add  the  sum  thus 
paid  to  any  debt  which  may  be  due  by  the  Transvaal  State 
to  her  Majesty's  Government,  as  hereinafter  provided  for. 

Article  10.  The  Transvaal  State  will  be  liable  for  the 
balance  of  the  debts  for  which  the  South  African  Republic 
was  liable  at  the  date  of  annexation,  to  wit,  the  sum  of 
48,000  /.  in  respect  to  the  Cape  Commercial  Bank  Loan, 
and  85,667  /.  in  respect  to  the  Railway  Loan,  together  with 
the  amount  due  on  the  8th  of  August,  1881,  on  account  of  the 
Orphan  Chamber  Debt,  which  now  stands  at  22,200  I.,  which 
debts  will  be  a  first  charge  upon  the  revenues  of  the  State. 
The  Transvaal  State  will,  moreover,  be  liable  for  the  lawful 


ENGLAND  AND  THE  TRANSVAAL  575 

expenditure  lawfully  incurred  for  the  necessary  expenses  of 
the  province  since  the  annexation,  to  wit,  the  sum  of 
265,000  /.,  with  debt,  together  with  such  debts  as  may  be 
incurred  by  virtue  of  the  gih  Article,  will  be  second  charge 
upon  the  revenues  of  the  State. 

Article  n.  The  debts  due  as  aforesaid  by  the  Transvaal 
State  to  her  Majesty's  Government  will  bear  interest  at  the 
rate  of  three  and  a  half  per  cent.,  and  any  portion  of  such 
debt  as  may  remain  unpaid  at  the  expiration  of  twelve 
months  from  the  8th  of  August,  1881,  shall  be  repayable  by 
a  payment  for  interest  and  sinking  fund  of  six  pounds  and 
ninepence  per  cent,  per  annum,  which  will  extinguish  the 
debt  in  twenty-five  years.  The  said  payment  of  six  pounds 
and  ninepence  per  100  /.  shall  be  payable  half-yearly  in 
British  currency  on  the  8th  of  February  and  the  8th  of 
August  in  each  year.  Provided  always,  that  the  Transvaal 
State  shall  pay  in  reduction  of  the  said  debt  the  sum  of 
ioo,oco  /.  within  twelve  months  of  the  8th  of  August,  1881, 
and  shall  be  at  liberty  at  the  close  of  any  half-year  to  pay  off 
the  whole  or  any  portion  of  the  outstanding  debt. 

Article  12.  All  persons  holding  property  in  the  said  State 
on  the  8th  day  of  August,  1881,  will  continue  after  the  said 
date  to  enjoy  the  rights  of  property  which  they  have  enjoyed 
since  the  annexation.  No  person  who  has  remained  loyal 
to  her  Majesty  during  the  recent  hostilities  shall  suffer  any 
molestation  by  reason  of  his  loyalty,  or  be  liable  to  any 
criminal  prosecution  or  civil  action  for  any  part  taken  in 
connection  with  such  hostilities,  and  all  such  persons  will 
have  full  liberty  to  reside  in  the  country,  with  enjoyment  of 
all  civil  rights,  and  protection  for  their  persons  and  prop- 
erty. 

Article  13.  Natives  will  be  allowed  to  acquire  land,  but 
the  grant  or  transfer  of  such  land  will,  in  every  case,  be 
made  to  and  registered  in  the  name  of  the  Native  Location 
Commission,  hereinafter  mentioned,  in  trust  for  such  natives. 

Article  14.  Natives  will  be  allowed  to  move  as  freely 
within  the  country  as  may  be  consistent  with  the  require- 
ments of  public  order,  and  to  leave  it  for  the  purpose  of 
seeking  employment  elsewhere  or  for  other  lawful  purposes, 
subject  always  to  the  past  laws  of  the  said  State,  as  amended 
by  the  Legislature  of  the  Province,  or  as  may  hereafter  be 
enacted  under  the  provisions  of  the  Third  Article  of  this  Con- 
vention. 

Article  15.     There  will  continue  to  be  complete  freedom 


576  SOURCE-BOOK  Ol<  ENGLISH  HISTORY 

of  religion  and  protection  from  molestation  for  all  denomina- 
tions, provided  the  same  be  not  inconsistent  with  morality 
and  good  order,  and  no  disability  shall  attach  to  any  person 
in  regard  to  rights  of  property  by  reason  of  the  religious 
opinions  which  he  holds. 

Article  1 6.  The  provisions  of  the  Fourth  Article  of  the 
Sand  River  Convention  are  hereby  reaffirmed,  and  no  slavery 
or  apprenticeships  partaking  of  slavery  will  be  tolerated  by 
the  Government  of  the  said  State. 

Article  17.  The  British  Resident  will  receive  from  the 
Government  of  the  Transvaal  State  such  assistance  and  sup- 
port as  can  by  law  be  given  to  him  for  the  due  discharge 
of  his  function;  he  will  also  receive  every  assistance  for  the 
proper  care  and  preservation  of  the  graves  of  such  of  her 
Majesty's  forces  as  have  died  in  the  Transvaal,  and  if  need 
be  for  the  expropriation  of  land  for  the  purpose. 

Article  18.  The  following  will  be  the  duties  and  func- 
tions of  the  British  Resident :  — 

Sub-section  I.  He  will  perform  duties  and  functions  an- 
alogous to  those  discharged  by  a  Charge-d'Affaires  and 
Consul-General. 

Sub-section  2.  In  regard  to  natives  within  the  Transvaal 
State  he  will  (a)  report  to  the  High  Commissioner,  as  rep- 
resentative of  the  Suzerain,  as  to  the  working  and  observ- 
ance of  the  provisions  of  this  Convention;  (b)  report  to  the 
Transvaal  authorities  any  cases  of  ill-treatment  of  natives 
or  attempts  to  incite  natives  to  rebellion  that  may  come  to 
his  knowledge;  (c)  use  his  influence  with  the  natives  in 
favour  of  law  and  order;  and  (d)  generally  preform  such 
other  duties  as  are  by  this  Convention  entrusted  to  him,  and 
take  such  steps  for  the  protection  of  the  person  and  property 
of  natives  as  are  consistent  with  the  laws  of  the  land. 

Sub-section  3.  In  regard  to  natives  not  residing  in  the 
Transvaal  (a)  he  will  report  to  the  High  Commissioner  and 
the  Transvaal  Government  any  encroachments  reported  to  him 
as  having  been  made  by  Transvaal  residents  upon  the  land 
of  such  natives,  and  in  case  of  disagreement  between  the 
Transvaal  Government  and  the  British  Resident  as  to  whether 
an  encroachment  has  been  made,  the  decision  of  the  Suzerain 
will  be  final;  (fr)  the  British  Resident  will  be  the  medium 
of  communication  with  native  chiefs  outside  the  Transvaal, 
and,  subject  to  the  approval  of  the  High  Commissioner,  as 
representing  the  Suzerain,  he  will  control  the  conclusion  of 
treaties  with  them;  and  (c)  he  will  arbitrate  upon  every  dis- 


ENGLAND  AND  THE  TRANSVAAL  577 

pute  between  Transvaal  residents  and  natives  outside  the 
Transvaal  (as  to  acts  committed  beyond  the  boundaries  of 
the  Transvaal)  which  may  be  referred  to  him  by  the  parties 
interested. 

Sub-section  4.  In  regard  to  communications  with  foreign 
powers,  the  Transvaal  Government  will  correspond  with  her 
Majesty's  Government  through  the  British  Resident  and  the 
High  Commissioner. 

Article  19.  The  Government  of  the  Transvaal  State  will 
strictly  adhere  to  the  boundaries  defined  in  the  First  Article 
of  this  convention,  and  will  do  its  utmost  to  prevent  any  of 
its  inhabitants  from  making  any  encroachment  upon  lands 
beyond  the  said  State.  The  Royal  Commission  will  forth- 
with appoint  a  person  who  will  beacon  off  the  boundary- 
line  between  Ramatlabama  and  the  point  where  such  line 
first  touches  Griqua-land  West  boundary,  midway  between 
the  Vaal  and  Hart  rivers;  the  person  so  appointed  will  be 
instructed  to  make  an  arrangement  between  the  owners  of 
the  farms  Grootfontein  and  Vallei'fontein  on  the  one  hand, 
and  the  Barolong  authorities  on  the  other,  by  which  a  fair 
share  of  the  water  supply  of  the  said  farms  shall  be  allowed 
to  flow  undisturbed  to  the  said  Barolongs. 

Article  20.  All  grants  or  titles  issued  at  any  time  by  the 
Transvaal  Government  in  respect  of  land  outside  the  bound- 
ary of  Transvaal  State,  as  defined,  Article  I,  shall  be  con- 
sidered invalid  and  of  no  effect,  except  in  so  far  as  any  such 
grant  or  title  relates  to  land  that  falls  within  the  boundary  of 
the  Transvaal  State,  and  all  persons  holding  any  such  grant 
so  considered  invalid  and  of  no  effect  will  receive  from  the 
Government  of  the  Transvaal  State  such  compensation  either 
in  land  or  in  money  as  the  Volksraad  shall  determine.  In  all 
cases  in  which  any  native  chiefs  or  other  authorities  outside 
the  said  boundaries  have  received  any  adequate  consider- 
ation from  the  Government  of  the  former  South  African 
Republic  for  land  excluded  from  the  Transvaal  by  the  First 
Article  of  this  Convention,  or  where  permanent  improve- 
ments have  been  made  on  the  land,  the  British  Resident  will, 
subject  to  the  approval  of  the  High  Commissioner,  use  his 
influence  to  recover  from  the  native  authorities  fair  com- 
pensation for  the  loss  of  the  land  thus  excluded,  and  of  the 
permanent  improvement  thereon. 

Article  21.  Forthwith,  after  the  taking  effect  of  this 
Convention,  a  Native  Location  Commission  will  be  con- 
stituted, consisting  of  the  President,  or  in  his  absence  the 


578  SOURCE-BOOK  OF  ENGLISH  HISTORY 

Vice-President  of  the  State,  or  some  one  deputed  by  him, 
the  Resident,  or  some  one  deputed  by  him,  and  a  third  person 
to  be  agreed  upon  by  the  President  or  the  Vice-President,  as 
the  case  may  be,  and  the  Resident,  and  such  Commission  will 
be  a  standing  body  for  the  performance  of  the  duties  herein- 
after mentioned. 

Article  22.  The  Native  Location  Commission  will  reserve 
to  the  native  tribes  of  the  State  such  locations  as  they  may  be 
fairly  and  equitably  entitled  to,  due  regard  being  had  to  the 
actual  occupation  of  such  tribes.  The  Native  Location  Com- 
mission will  clearly  define  the  boundaries  of  such  locations, 
and  for  that  purpose  will,  in  every  instance,  first  of  all  as- 
certain the  wishes  of  the  parties  interested  in  such  land.  In 
case  land  already  granted  in  individual  titles  shall  be  required 
for  the  purpose  of  any  location,  the  owners  will  receive  such 
compensation  either  in  other  land  or  in  money  as  the  Volks- 
raad  shall  determine.  After  the  boundaries  of  any  location 
have  been  fixed,  no  fresh  grant  of  land  within  such  location 
will  be  made,  nor  will  the  boundaries  be  altered  without  the 
consent  of  the  Location  Commission.  No  fresh  grants  of 
land  will  be  made  in  the  districts  of  Waterberg,  Zoutpans- 
berg,  and  Lydenberg  until  the  locations  in  the  said  districts 
respectively  shall  have  been  defined  by  the  said  Commission. 

Article  23.  If  not  released  before  the  taking  effect  of  this 
Convention,  Sikukuni,  and  those  of  his  followers  who  have 
been  imprisoned  with  him,  will  be  forthwith  released,  and  the 
boundaries  of  his  location  will  be  defined  by  the  Native 
Location  Commission  in  the  manner  indicated  in  the  last 
preceding  Article. 

Article  24.  The  independence  of  the  Swazies  within  the 
boundary-line  of  Swazi-land,  as  indicated  in  the  First  Article 
of  this  Convention,  will  be  fully  recognized. 

Article  25.  No  other  or  higher  duties  will  be  imposed  on 
the  importation  into  the  Transvaal  State  of  any  article  the 
produce  or  manufacture  of  the  dominions  and  possessions  of 
her  Majesty,  from  whatever  place  arriving,  than  are  or  may 
be  payable  on  the  like  article  the  produce  or  manufacture 
of  any  other  country,  nor  will  any  prohibition  be  maintained 
or  imposed  on  the  importation  of  any  article  the  produce  or 
manufacture  of  the  dominions  and  possessions  of  her  Ma- 
jesty, which  shall  not  equally  extend  to  the  importation  of 
the  like  articles  being  the  produce  or  manufacture  of  any 
other  country. 

Article  26.     All    persons    other    than    natives    conforming 


ENGLAND  AND  THE  TRANSVAAL  579 

themselves  to  the  laws  of  the  Transvaal  State  (a)  will  have 
have  full  liberty  with  their  families  to  enter,  travel,  or  reside 
in  any  part  of  the  Transvaal  State;  (&)  they  will  be  entitled 
to  hire  or  possess  houses,  manufactures,  warehouses,  shops, 
and  premises;  (c)  they  may  carry  on  their  commerce  either 
in  person  or  by  any  agent  whom  they  may  think  to  employ ; 
(rf)  they  will  not  be  subject  in  respect  of  their  persons  or 
property,  or  in  respect  of  their  commerce  or  industry  to  any 
taxes,  whether  general  or  local,  other  than  those  which  are 
or  may  be  imposed  upon  Transvaal  citizens. 

Article  27.  All  inhabitants  of  the  Transvaal  shall  have 
free  access  to  the  Courts  for  the  protection  and  defence  of 
their  rights. 

Article  28.  All  persons  other  than  natives  who  established 
their  domicile  in  the  Transvaal  between  the  I2th  day  of 
April,  1877,  and  the  date  when  this  Convention  comes  into 
effect,  and  who  shall  within  twelve  months  after  such  last- 
mentioned  date  have  their  names  registered  by  the  British 
Resident,  shall  be  exempt  from  all  compulsory  military  serv- 
ice whatever.  The  Resident  shall  notify  such  registration 
to  the  Government  of  the  Transvaal  State. 

Article  29.  Provision  shall  hereafter  be  made  by  a  sep- 
arate instrument  for  the  mutual  extradition  of  criminals,  and 
also  for  the  surrender  of  deserters  from  her  Majesty's  forces. 

Article  30.  All  debts  contracted  since  the  annexation  will 
be  payable  in  the  same  currency  in  which  they  may  have 
been  contracted;  all  uncancelled  postage  and  other  revenue 
stamps  issued  by  the  Government  since  the  annexation  will 
remain  valid,  and  will  be  accepted  at  their  present  value  by 
the  future  Government  of  the  State ;  all  licenses  duly  issued 
since  the  annexation  will  remain  in  force  during  the  period 
for  which  they  may  have  been  issued. 

Article  31.  No  grants  of  land  which  may  have  been  made, 
and  no  transfer  of  mortgage  which  may  have  been  passed 
since  the  annexation,  will  be  invalidated  by  reason  merely 
of  their  having  been  made  or  passed  since  that  date.  All 
transfers  to  the  British  Secretary  for  Native  Affairs  in  trust 
for  natives  will  remain  in  force,  the  Native  Location  Com- 
mission taking  the  place  of  such  Secretary  for  Native  Af- 
fairs. 

Article  32.  This  Convention  will  be  ratified  by  a  newly- 
elected  Volksraad  within  the  period  of  three  months  after  its 
execution,  and  in  default  of  such  ratifications  this  Conven- 
tion shall  be  null  and  void. 


58o  SOURCE-BOOK  OF 'ENGLISH  HISTORY 

Article  33.  Forthwith,  after  the  ratification  of  this  Con- 
vention, as  in  the  last  preceding  Article  mentioned,  all  British 
troops  in  Transvaal  territory  will  leave  the  same,  and  the 
mutual  delivery  of  munitions  of  war  will  be  carried  out. 

[Here  follow  signatures  of  Royal  Commissioners ;  then 
the  following  precedes  signatures  of  triumvirate.] 

We,  the  undersigned,  Stephanus  Johannes  Paulus  Kruger, 
Martinus  Wessel  Pretorius,  and  Petrus  Jacobus  Joubert,  as 
representatives  of  the  Transvaal  Burghers,  do  hereby  agree 
to  all  the  above  conditions,  reservations,  and  limitations  under 
which  self-government  has  been  restored  to  the  inhabitants 
of  the  Transvaal  territory,  subject  to  the  suzerainty  of  her 
Majesty,  her  heirs  and  successors,  and  we  agree  to  accept  the 
Government  of  the  said  territory,  with  all  rights  and  obliga- 
tions thereto  appertaining,  on  the  8th  day  of  August ;  and  we 
promise  and  undertake  that  this  Convention  shall  be  ratified 
by  a  newly-elected  Volksraad  of  the  Transvaal  State  within 
three  months  from  this  date. 

(From  a  published  copy  of  the  original  document.) 

235.    The  Convention  of  London 

The  Convention  of  London  must  be  read  in  conjunction  with 
that  of  Pretoria,  as  upon  the  variance  of  the  two  rests  much 
of  the  ground  of  dispute  between  the  two  countries.  The  omis- 
sion of  the  clauses  as  to  suzerainty  was  claimed  by  the  Boers 
as  extinguishing  that  claim,  while  England  held  that  the  London 
treaty  was  in  that  respect  merely  supplementary,  and  that  the 
Convention  of  Pretoria  was  still  in  force,  except  where  explicitly 
changed  by  that  of  London. 

A  CONVENTION  BETWEEN  HER  MAJESTY  THE  QUEEN  OF  THE 
UNITED  KINGDOM  OF  GREAT  BRITAIN  AND  IRELAND  AND 
THE  SOUTH  AFRICAN  REPUBLIC 

Preamble. 

Article  i.  The  territory  of  the  South  African  Republic 
will  embrace  the  land  lying  between  the  following  boundaries, 
to  wit : 

[Here  follows  a  description  of  the  line  of  boundary.] 

Article  2.  The  Government  of  the  South  African  Republic 
will  strictly  adhere  to  the  boundaries  defined  in  the  first 
Article  of  this  Convention,  and  will  do  its  utmost  to  prevent 


ENGLAND  AND  THE  TRANSVAAL  581 

any  of  its  inhabitants  from  making  any  encroachments  upon 
lands  beyond  the  said  boundaries.  The  Government  of  the 
South  African  Republic  will  appoint  Commissioners  upon 
the  eastern  and  western  borders  whose  duty  it  will  be  strictly 
to  guard  against  irregularities  and  all  trespassing  over  the 
boundaries.  Her  Majesty's  Government  will,  if  necessary, 
appoint  Commissioners  in  the  native  territories  outside  the 
eastern  and  western  borders  of  the  South  African  Republic 
to  maintain  order  and  prevent  encroachments. 

Her  Majesty's  Government  and  the  Government  of  the 
South  African  Republic  will  each  appoint  a  person  to  proceed 
together  to  beacon  off  the  amended  south-west  boundary  as 
described  in  Article  i  of  this  Convention ;  and  the  President 
of  the  Orange  Free  State  shall  be  requested  to  appoint  a 
referee  to  whom  the  said  persons  shall  refer  any  question  on 
which  they  may  disagree  respecting  the  interpretation  of  the 
said  Article,  and  the  decision  of  such  referee  thereon  shall 
be  final.  The  arrangement  already  made,  under  the  terms 
of  Article  19  of  the  Convention  of  Pretoria  of  the  3rd  of 
August,  1881,  between  the  owners  of  the  farms  Grootfontein 
and  Valleifontein  on  the  one  hand,  and  the  Barolong  author- 
ities on  the  other,  by  which  a  fair  share  of  the  water  supply 
of  the  said  farms  shall  be  allowed  to  flow  undisturbed  to  the 
said  Barolongs,  shall  continue  in  force. 

Article  3.  If  a  British  officer  is  appointed  to  reside  at 
Pretoria  or  elsewhere  within  the  South  African  Republic  to 
discharge  functions  analogous  to  those  of  a  Consular  officer 
he  will  receive  the  protection  and  assistance  of  the  Republic. 

Article  4.  The  South  African  Republic  will  conclude  no 
treaty  or  engagement  with  any  State  or  nation  other  than  the 
Orange  Free  State,  nor  with  any  native  tribe  to  the  eastward 
or  westward  of  the  Republic,  until  the  same  has  been  ap- 
proved by  her  Majesty  the  Queen.  Such  approval  shall  be 
considered  to  have  been  granted  if  her  Majesty's  Government 
shall  not,  within  six  months  after  receiving  a  copy  of  such 
treaty  (which  shall  be  delivered  to  them  immediately  upon 
its  completion),  have  notified  that  the  conclusion  of  such 
treaty  is  in  conflict  with  the  interests  of  Great  Britain  or 
any  of  her  Majesty's  possessions  in  South  Africa. 

Article  5.  The  South  African  Republic  will  be  liable  for 
any  balance  which  may  still  remain  due  of  the  debts  for 
which  it  was  liable  at  the  date  of  annexation,  to  wit,  the 
Cape  Commercial  Bank  Loan,  the  Railway  Loan,  and  the 
Orphan  Chamber  Debt,  which  debts  will  be  a  first  charge 


582  SOURCE-BOOK  OF  ENGLISH  HISTORY 

upon  the  revenues  of  the  Republic.  The  South  African 
Republic  will  moreover  be  liable  to  her  Majesty's  Govern- 
ment for  250,000  /.,  which  will  be  a  second  charge  upon  the 
revenues  of  the  Republic. 

Article  6.  The  debt  due  as  aforesaid  by  the  South  African 
Republic  to  her  Majesty's  Government  will  bear  interest  at 
the  rate  of  three  and  a  half  per  cent,  from  the  date  of  the 
ratification  of  this  Convention,  and  shall  be  repayable  by  a 
payment  for  interest  and  Sinking  Fund  of  six  pounds  and 
ninepence  per  100  /.  per  annum,  which  will  extinguish  the 
debt  in  twenty-five  years.  The  said  payment  of  six  pounds 
and  ninepence  per  100  /.  shall  be  payable  half-yearly,  in 
British  currency,  at  the  close  of  each  half-year  from  the 
date  of  such  ratification:  Provided  always  that  the  South 
African  Republic  shall  be  at  liberty  at  the  close  of  any  half- 
year  to  pay  off  the  whole  or  any  portion  of  the  outstanding 
debt. 

Interest  at  the  rate  of  three  and  a  half  per  cent,  on  the  debt 
as  standing  on  the  Convention  of  Pretoria  shall  as  heretofore 
be  paid  to  the  date  of  the  ratification  of  this  Convention. 

Article  7.  All  persons  who  held  property  in  the  Transvaal 
on  the  8th  day  of  August,  1881,  and  still  hold  the  same,  will 
continue  to  enjoy  the  rights  of  property  which  they  have  en- 
joyed since  the  I2th  of  April,  1877.  No  person  who  has 
remained  loyal  to  her  Majesty  during  the  late  hostilities  shall 
suffer  any  molestation  by  reason  of  his  loyalty;  or  be  liable 
to  any  criminal  prosecution  or  civil  action  for  any  part  taken 
in  connection  with  such  hostilities;  and  all  such  persons  will 
have  full  liberty  to  reside  in  the  country,  with  enjoyment  of 
all  civil  rights,  and  protection  for  their  persons  and  property. 

Article  8.  The  South  African  Republic  renews  the  dec- 
laration made  in  the  Sand  River  Convention,  and  in  the  Con- 
vention of  Pretoria,  that  no  slavery  or  apprenticeship  par- 
taking of  slavery  will  be  tolerated  by  the  Government  of  the 
said  Republic. 

Article  9.  There  will  continue  to  be  complete  freedom  of 
religion  and  protection  from  molestation  for  all  denomina- 
tions, provided  the  same  be  not  inconsistent  with  morality 
and  good  order;  and  no  disability  shall  attach  to  any  person 
in  regard  to  rights  of  property  by  reason  of  the  religious 
opinion  which  he  holds. 

Article  10.  The  British  officer  appointed  to  reside  in  the 
South  African  Republic  will  receive  every  assistance  from 
the  Government  of  the  said  Republic  in  making  due  pro- 


ENGLAND  AND  THE  TRANSVAAL  583 

vision  for  the  proper  care  and  preservation  of  the  graves  of 
such  of  her  Majesty's  forces  as  have  died  in  the  Transvaal; 
and  if  need  be,  for  the  appropriation  of  land  for  the  purpose. 

Article  n.  All  grants  or  titles  issued  at  any  time  by  the 
Transvaal  Government  in  respect  of  land  outside  the  bound- 
ary of  the  South  African  Republic,  as  defined  in  Article  i, 
shall  be  considered  invalid  and  of  no  effect,  except  in  so  far 
as  any  such  grant  or  title  relates  to  land  that  falls  within  the 
boundary  of  the  South  African  Republic;  and  all  persons 
holding  any  such  grant  so  considered  invalid  and  of  no  effect 
will  receive  from  the  Government  of  the  South  African 
Republic  such  compensation,  either  in  land  or  in  money,  as 
the  Volksraad  shall  determine.  In  all  cases  in  which  any 
native  chiefs  or  other  authorities  outside  the  said  boundaries 
have  received  any  adequate  consideration  from  the  Govern- 
ment of  the  South  African  Republic  for  land  excluded  from 
the  Transvaal  by  the  first  article  of  this  Convention  or  where 
permanent  improvements  have  been  made  on  the  land,  the 
High  Commissioner  will  recover  from  the  native  authorities 
fair  compensation  for  the  loss  of  the  land  thus  excluded,  or 
of  the  permanent  improvements  thereon. 

Article  12.  The  independence  of  the  Swazis,  within  the 
boundary  line  of  Swazi-land,  as  indicated  in  the  first  article 
of  this  Convention,  will  be  fully  recognized. 

Article  13.  Except  in  pursuance  of  any  treaty  or  engage- 
ment made  as  provided  in  Article  4  of  this  Convention,  no 
other  or  higher  duties  shall  be  imposed  on  the  importation 
into  the  South  African  Republic  of  any  article  coming  from 
any  part  of  her  Majesty's  dominions  than  are  or  may  be  im- 
posed on  the  like  article  coming  from  any  other  place  or 
country;  nor  will  any  prohibition  be  maintained  or  imposed 
on  the  importation  into  the  South  African  Republic  of  any 
article  coming  from  any  part  of  her  Majesty's  dominions 
which  shall  not  equally  extend  to  the  like  article  coming  from 
any  other  place  or  country.  And  in  like  manner  the  same 
treatment  shall  be  given  to  any  article  coming  to  Great 
Britain  from  the  South  African  Republic  as  to  the  like 
article  coming  from  any  other  place  or  country. 

These  provisions  do  not  preclude  the  consideration  of 
special  arrangements  as  to  import  duties  and  commercial 
relations  between  the  South  African  Republic  and  any  of  her 
Majesty's  colonies  or  possessions. 

Article  14.  All  persons,  other  than  natives,  conforming 
themselves  to  the  laws  of  the  South  African  Republic  (a)  will 


5*4  SOURCE-BOOK  OF  ENGLISH  HISTORY 

have  full  liberty,  with  their  families,  to  enter,  travel,  or  reside 
in  any  part  of  the  South  African  Republic;  (ft)  they  will 
be  entitled  to  hire  or  possess  houses,  manufactories,  ware- 
houses, shops,  and  premises;  (c)  they  may  carry  on  their 
commerce  either  in  person  or  by  any  agents  whom  they  think 
fit  to  employ;  (d}  they  will  not  be  subject,  in  respect  to  their 
persons  or  property,  or  in  respect  to  their  commerce  or  in- 
dustry, to  any  taxes,  whether  general  or  local,  other  than 
those  which  are  or  may  be  imposed  upon  citizens  of  the  said 
Republic. 

Article  15.  All  persons,  other  than  natives,  who  estab- 
lished their  domicile  in  the  Transvaal  between  the  I2th  day 
of  April,  1877,  and  the  8th  of  August,  1881,  and  who  within 
twelve  months  after  such  last-mentioned  date  have  had  their 
names  registered  by  the  British  Resident,  shall  be  exempt 
from  all  compulsory  military  service  whatever. 

Article  16.  Provision  shall  hereafter  be  made  by  a  separate 
instrument  for  the  mutual  extradition  of  criminals,  and  also 
for  the  surrender  of  deserters  from  her  Majesty's  forces. 

Article  17.  All  debts  contracted  between  the  I2th  of 
April,  1877,  and  the  8th  of  August,  1881,  will  be  payable  in 
the  same  currency  in  which  they  may  have  been  contracted. 

Article  18.  No  grants  of  land  which  may  have  been  made, 
and  no  transfers  or  mortgages  which  may  have  been  passed 
between  the  I2th  of  April,  1877,  and  the  8th  of  August,  1881, 
will  be  invalidated  by  reason  merely  of  their  having  been 
made  or  passed  between  such  dates. 

All  transfers  to  the  British  Secretary  for  Native  Affairs 
in  trust  for  natives  will  remain  in  force,  an  officer  of  the 
South  African  Republic  taking  the  place  of  such  Secretary 
for  Native  Affairs. 

Article  19.  The  Government  of  the  South  African  Repub- 
lic will  engage  faithfully  to  fulfil  the  assurance  given,  in 
accordance  with  the  laws  of  the  South  African  Republic,  to 
the  natives  at  the  Pretoria  Pitso  by  the  Royal  Commission  in 
the  presence  of  the  triumvirate  and  with  their  entire  assent ; 
(i)  as  to  the  freedom  of  the  natives  to  buy  or  otherwise 
acquire  land  under  certain  conditions;  (2)  as  to  the  appoint- 
ment of  a  commission  to  mark  out  native  locations;  (3)  as 
to  the  access  of  the  natives  to  the  courts  of  law,  and  (4)  as 
to  their  being  allowed  to  move  freely  within  the  country,  or 
to  leave  it  for  any  legal  purpose,  under  a  pass  system. 

Article  20.  This  Convention  will  be  ratified  by  a  Volks- 
raad  of  the  South  African  Republic  within  the  period  of  six 


ENGLAND  AND  THE  TRANSVAAL  585 

months  after  its  execution,  and  in  default  of  such  ratifica- 
tion this  Convention  shall  be  null  and  void. 

Signed  in  duplicate  in  London  this  27th  day  of  February, 
1884. 

(From  a  published  copy  of  the  original  document.) 


BIBLIOGRAPHICAL  INDEX 


The  Source-material  indicated  in  the  Bibliography  of  Sources, 
pages  1-61,  is  there  arranged  under  239  heads.  The  limits  of 
space  prohibited  a  more  minute  classification  in  the  body  of  the 
volume.  The  needs  of  the  student  have,  however,  been  fully 
provided  for  in  this  Bibliographical  Index,  wherein  the  sources 
are  divided  into  more  than  a  thousand  titles. 

In  looking  up  references  in  the  body  of  the  book  always  con- 
sult the  head  and  foot  of  the  selection  examined.  Society  names 
.  —  Wodrow  Society  —  are  italicized  when  they  represent  publica- 
tions. 

The  references  are  to  Sections,  not  to  pages. 


Abbatum,  Gesta,  cxi. 
Abbotsford  Club,  xv. 
Ada  Sanctorum,  xvi. 
Acta  Sanctorum  Hibernia, 

xxxii. 
Acta  Sanctorum  Ordinis  Sanc- 

ti    Benedicti    in    Saculorum 

Classes  distributa,  1. 
Acton,  John  of,  xxxiv  —  E. 
Acts   and   Monuments   of    the 

Church,  cli ;  127 ;  128 ;  132. 
Acts    and     Ordinances.       See 

Statutes. 
Adams,  C.  K.,  xiii ;  203 ;  204 ; 

205. 

Adam  of  Usk,  cxxiii. 
ALlfric  Society,  xvii. 
Agricola,  27,  18. 
Alcuin,  Letters  of,  Ixxxv. 
Alfred,  Laws  of,  25. 
Allgemeines     bibliographisches 

Lexikon,  xiv. 
Allibone,  S.  A.,  vii. 
Allies,    On    the    Conduct    of, 

ccxvi. 

Almon's  Debates,  xxv. 
Alphabetical  List  of  Works,  xi. 
Ambassades  des  Messieurs  de 

Noailles       en       Angleterre, 

clxix. 


587 


Ambassador,  The  Compleat, 
clxi. 

Amiens,  Guy  of,  xcii. 

American  Catalogue,  xi. 

American  Historical  Associa- 
tion, Section  2,  p.  6. 

American  Library  Association, 
Section  2,  p.  6. 

American  Historical  Maga- 
zine, xci  —  H  —  note. 

Amundesham,  John,  Annals 
of,  cxxvi.  (See  St.  Albans.) 

Analecta,  Vetera,  xxxv. 

Anatomy  of  Abuses  in  Eng- 
land in  Shakespeare's  Youth, 
clxxvii. 

Ancient  Charters,  Royal  and 
Private,  xci  —  A. 

Ancient  Laws  and  Institutes, 
Ix ;  xci  —  A ;  chap.  V. 

Andre,  Bernard,  cxli. 

Angelsachsen,  Die  Gesetze  der, 
xci  —  E ;  Zu  den  Gesetzen 
der,  xci  —  E. 

Anglice  Notitia,  cxcv ;  192. 

Anglia  Rcdiviva,  clxxxix. 

Anglia  Sacra,  xviii. 

Anglica,  Hibernica,  Normanni- 
ca,  Cambrica,  a  veteribus 
scrip ta . . .,  xxv. 


588 


BIBLIOGRAPHICAL   INDEX 


Anglorum,  De  Respublica,  133. 
Anglo-Saxon  Chronicle,  Ixxxi; 

23 ;  37 ;  40 ;  47 ;  48. 

Anglo-Saxon  Laws;  of  Al- 
fred, 25 ;  39 ;  of  Athelstan,  26 
ct  seq.;  of  Edgar,  31  ct  scq. 
See  Ancient  Laws  and  In- 
stitutes. 

Annales  Monastics,  cxii. 

Annales  Rcrum  Gcstarum  Al- 
fredi  Magni . . .,  Ixxxii. 

Annales  sex  Rcgum  Anglia, 
ex. 

Annals,  Camden,  of  James  I, 
clxxx ;  Cardwell,  Document- 
ary, xxxiv  —  A  ;  Cambrian, 
Ixxii ;  Hoveden,  c. ;  64 ;  65 ; 
Stowe,  cl.  See  Annales. 

Anne,  History  of  Queen, 
ccxviii ;  ccxix  ;  193. 

Annual  Annotated  Bibliog- 
raphy, Section  2,  p.  6. 

Annual  Register,  ccxxxii ;  210 ; 
211  ;  212;  213 ;  214;  215;  216. 

Antiquaries,  Society  of,  xix; 
xcii. 

Antoninus,  Itinerary  of,  Ixxvii. 

Arber,  Edward,  English  Re- 
prints, cxlvi. 

Archaologica,  xix. 

Aristotlcs  de  Mundo,  12. 

Ashworth,  H.,  223. 

Asser,  Life  of  Alfred,  Ixxxii; 
38. 

Assizes,  The  Bloody,  ccxi. 

Athelstan,  see  Anglo-Saxon 
Laws. 

Auckland,  William,  Lord, 
ccxxx. 

Autotype  Facsimiles  of  the 
Ancient  Charters  in  the  Brit- 
ish Museum,  xci  —  H. 

Australia,  228. 

Australia  and-  the  Gold  Fields, 
227. 

Avesbury,  Robert  of,  cxix. 

Babington,  C,  cxxxiv. 
Bale,  John,  iii. 
Baluze,  S.,  Miscellanea,  xx. 
Bancroft,  Richard,  135. 
Bannatyne  Club,  xxi. 
Baron's    Wars,    Chronicle    of, 
cix. 


Barton,  G.  B.,  225-226. 

Basnage,  J.,  xxvii. 

Baxter,  Richard,  ccviii. 

Baycux  Tapestry,  Engraved 
Facsimile  with  notes,  xcii. 

Bean,  W.  W.,  Iviii. 

Bcati  Flacci  Albini  seu  Alcuini 
Epistolce,  Ixxxvi. 

Bcckct,  Materials  for  the  His- 
tory of  Archbishop,  58. 

Bede,  Ixxvi ;  20 ;  22 ;  24. 

Bedford,  John,  Fourth  Duke 
of,  ccxxvi. 

Bel,  Jean  le,  Chronicle  of, 
cxxviii. 

Bcncdictus,  Abbas  Petrobur- 
gensis  . .  .,  xcix. 

Bentley,   S.,  xxxix. 

Bent,   General  Catalogue,  xi. 

Bernard,  Andre,  cxli. 

Best  Books.  A  Readers  Guide, 
xiv.  See  Reader's  Guide. 

Bibliographer's  Manual  of 
English  Literature,  x. 

Bibliography :  of  Sources,  Part 
I,  pp.  3-61,  incl.  How  to  form, 
pp.  3,  6 ;  Correct  type  of,  p. 
3 ;  Uses  of,  p.  6 ;  Catalogues 
of,  pp.  6-9;  Of  English 
Guilds,  xii ;  of  Afunicipal 
History,  xii ;  Parliamentary 
Representation,  xii ;  Histor- 
cal  Literature,  xiii ;  Refer- 
ence Books  in  British  Mu- 
seum, xiv  ;  Best  Books,  xiv  ; 
Reader's  Guide,  ix ;  Manu- 
scripts relating  to  the  His- 
tory of  Great  Britain,  viii ; 
General  Index  to  British  and 
Foreign  Literature,  ix ;  Man- 
ual of  English  Literature,  x  ; 
Books  Published  from  1835 
to  1863 ;  xi ;  Early  books,  see 
note  to  xi ;  Hand-list  of  Bib- 
liographies, xiv ;  Manuel  du 
Libraire  (Brunet),  xiv;  All- 
gemeines  bibliographisches 
Lexikon,  xiv. 

Bibliotheca  Britannico-Hiber- 
nica,  vii. 

Bibliotheca  Histories,  Diodo- 
rus  Siculus,  17. 

Bibliotheque  Universelle,  v. 

Biographies,  clvi — note. 


BIBLIOGRAPHICAL   INDEX 


589 


Biography,  Dictionary  of  Na- 
tional, vii. 
Bird,  B.  R.  S.,  Ix. 
Blaneforde,  Henrici  de,  Chro- 

nica    et    Ed-war di    II.    Vita, 

cxi. 

Blondel,   Robert,  cxxx. 
Bohn,  H.,  x. 
Bolingbroke  (Henry  St.  John), 

Works   and    Correspondence 

of,  ccxvii. 
Bollando,  J.,  xvi. 
Book,    Doomsday,    49;    Little 

Black  of  the  Exchequer,  63; 

Of  Rights,  86. 
Boston,  John,  i. 
Boyer,  A.,  ccxviii. 
Bracton,  H.,  cxv ;  cxvi. 
Bradshaw,  Society,  xliv. 
Brief    Historical    Relation    of 

State      Affairs      (Luttrell), 

cxviii. 
Brief  Register,   Kalendar   and 

Survey  of  the  several  kinds 

and  forms  of  Parliamentary 

Writs,  Iviii. 

Britannia,  de  Excidio,  Ixxv. 
Britannicis,  de  Rebus,  ii. 
Britannico-Hibernica,      Biblio- 

theca,  vii. 

British  Catalogue,  xi. 
British     Museum,     Books     in 

Reading     Room      of,     xiv; 

Charters  in,  xci  —  H. 
British     Orations,     202 ;     203 ; 

204;   205. 

British  Record  Society,  xxiii. 
Brunet,  J.  C,  xiv. 
Brunner,  H.,  xliii. 
Buckingham      and      Chandos, 

Duke  of,  ccxxxix. 
Burke,  Edmund,  ccxxxvii. 
Burleigh  Papers,  clxvi. 
Burnet,  Bishop,  History  of  His 

Own  Times,  cxciii. 
History    of    the    Reformation, 

114;    115;    125;    126. 

Cabala  Sive  Sacra  Scrinia,c\xii. 

Ccesar,  Ixxiii;  14;  21. 

Calderwood,  David,  clviii. 

Calendars:  of  State  Papers, 
xxiv ;  clxxiv ;  ccxxv ;  of 
Principal  Dignitaries  of 


England  and  Wales  and  of 
the  Chief  Officers  in  the  Uni- 
versity . . .,  xl.  See  Sources 
arranged  by  Epochs. 

Caley,  Bandinell  and  Ellis, 
xxxvi. 

Cambrensis,  Giraldus,  ciii. 

Cambrian:  Archceological  As- 
sociation, Ixx  —  a ;  Institute, 
Ixx  —  b ;  Metropolitan  Insti- 
tute, Ixx  —  c;  Annals,  Ixxii. 

Camden,  G.,  xxv;  Annals, 
clxxx ;  Society  Publications, 
xxvi ;  Catalogue  of  Publica- 
tions of  the  Camden  Society, 
xxvi. 

Canisius,  xxvii. 

Canute,  Laws  of,  41.  See  An- 
cient Laws  and  Institutes. 

Capgrave,  John,  liii ;  cxxi. 

Cardwell,  E.,  xxxiv  —  A  —  B ; 
153  — B. 

Carstares,  William,  ccxv. 

Carew,  George,  Lord  (Let- 
ters to  Sir  Thomas  Roe), 
clxxxiii. 

Carmen  de  Bella  Hastingensi, 
xci.  See  Hastings. 

Cartularium  Saxonicum,  xci-c. 

Catalogues :  of  historians,  p.  3 ; 
of  sources,  p.  5;  of  histor- 
ical literature,  p.  6  et  seq.; 
of  manuscripts,  viii ;  of 
source-material  before  Tu- 
dor period,  viii ;  English; 
London,  British,  Learned 
Societies,  Lowndes,  Maun- 
sell's,  of  certain  Books,  Cla- 
vell's,  Bent's  General,  Ameri- 
can, xi. 

Catalogus  Scriptorum  Eccle- 
sice,  John  Boston,  i. 

Catholic  Forefathers,  The 
Troubles  of  Our,  clxxiii. 

Catholic  historians,  accounts 
of.  See  Pits,  14. 

Cave,  William,  v. 

Cavendish,    Henry,    cxxxiii. 

Caxton  Society,  xlvi. 

Cecil,  Lord  Burleigh,  clxvi. 

Celtic  Society,  xxix. 

Chamberlayne,  Edw.,  cxcv. 

Chandler  and  Timberland'± 
Debates,  xxx. 


590 


BIBLIOGRAPHICAL   INDEX 


Challoner,  R.,  clxxi. 

Charles  I.,  Memorials  and  Let- 
ters, clxxxv ;  Letters,  cxc  ; 
Letters,  cxcvi ;  Guthry's 
Memoirs  of,  cciv. 

Charters,  Ancient,  xci  —  A.  B. 
C.  F.  G.  H. ;  Historical,  53 ; 

56. 
Chartist     Movement,     History 

of,    221-222. 

Chetham  Society,  xxix. 

Chronicles:  Northumberland, 
Ixxii ;  Anglo-Saxon,  Ixxii ; 
23 ;  37 ;  40 ;  Eathehvard, 
Ixxii ;  Ixxxiii ;  Florence  of 
Worcester,  Ixxii ;  xc ;  Prince 
of  Wales,  Ixxii;  Six  Old 
English,  Ixxv ;  Mclrose, 
xcvii ;  Richard  of  Devises. 
cii ;  Roger  of  Wendover, 
cvii;  William  Rishangcr,  cix, 
cxi;  Monastcrii  (St.  Al- 
bans),  cxi;  Trokelowe- 
Blancforde,  cxi ;  Walter 
Henningford,  cxiii ;  Lon- 
don, cxiv  ;  Poly  chronic  on, 
cxx ;  Capgrave's,cxxi;  Adam 
of  Usk,  cxiii;  New  (Con- 
cordance of  Histories), 
cxxi ;  Jean  le  Bel,  cxxviii ; 
Froissart,  cxxix ;  Monstrc- 
let,  cxxx ;  Croyland,  Con- 
tinuation of,  cxxxiii ;  Hall's 
cxlviii.  Holinshcd,  cxlix ; 
Stow,  cl ;  Grey  Friars,  cliii ; 
of  Queen  Jane,  clvii ;  Ken- 
net,  cxciv ;  of  Great  Britain, 
etc.,  xxxi ;  Hcngcst,  xc. 

Chronicles  and  Memorials  of 
Great  Britain  and  Ireland 
during  the  Middle  Ages, 
xxxi. 

Chronicon  &thelwcardi,\x.-x.-x.ii\. 

Chronicon  ex  Chronicis  ab 
Adventu  Hcngesti,  etc.,  xc. 

Chronicon  Ricardi  Divisiensis 
de  Rebus  gestis  Ricardi,  Pri- 
mi,  Regis  Anglice,  cii. 

Church  Historians  of  England, 
xcvii. 

Church  History,  v ;  Councils 
and  Ecclesiastical  Docu- 
ments, xxxiv ;  xxxvi ;  of 
Britain,  151.  See  Chronicles, 


Saints,  Scriptorcs,  Act'a  'Sanc- 
torum. 

Clarendon,  Earl  of,  clxxxiv. 

Clavell,  Robert,  General  Cata- 
logue of,  xi. 

Clitherow,  Life  of  Margaret 
(see  Catholic  Forefathers), 
142. 

Cobbett.W..  xxx ;  106 ;  107 ;  108. 

Cobdcn  and  the  Anti-Corn 
Law  League,  Recollections 
of  Richard,  223. 

Codex  Diplomaticus  2Er\  Sa- 
xonici,  xci  —  B. 

Codex  Juris  Ecclesiastici  An- 
glicani .  .  .,  xxxiv  —  BB. 

Colganus,    J.,    xxxii. 

Collectanee  Adamantcea,  xxxiii. 

Collection  of  Acts  and  Ordi- 
nances of  General  Use  (Sco- 
bell),  clxxxvi. 

Collection  of  the  Laivs  and 
Canons  of  the  Church  of 
England  from  its  first  Foun- 
dation to  1519,  xxxiv  —  D. 

Collection  of  Original  Letters 
and  Papers...,  1641-1666... 
(Ormonde),  clxvi. 

Collection  of  Records.  See 
Burnet,  Reformation. 

Collection  of  Scarce  and  Valu- 
able Tracts  (Somers),  45  — 
clxiii ;  cciii ;  105. 

Collections  of  Source  Materi- 
al. Sec.  3,  p.  9  et  scq. 

Collection  of  State  Papers 
(Cecil,  Lord  Burleigh), 
clxvi. 

Collection  of  State  Tracts, 
Published  on  Occasion  of 
the  Late  Revolution  in  1688 
.  .  . ,  etc.,  ccxiv. 

Colonial  State  Papers,  Calen- 
dars of,  xxiv. 

Cominge,  De,  ccvii. 

Commelin,   Ixiii  —  f. 

Commerce,  History  of  Brit- 
ish, 224. 

Commerce,  Treaties  and  Nego- 
tiations concerning,  Ixviii  — 
H. 

Commentaries  on  the  Gallic 
War,  Ixxiii ;  14;  21. 

Commons,    House    of.     Jour" 


BIBLIOGRAPHICAL   INDEX 


59* 


nals,  xlvii  —  a.  See  De- 
bates, Parliamentary  Histo- 
ry, Proceedings,  Cobbett, 
Hansard,  Lords,  House. 

Commonwealth  of  England,  133. 

Compendious  or  Brief  Exami- 
nation (Stafford),  clxxviii. 

Compilatio  de  Eventibus  An- 
glia:  (Knighton),  94. 

Complete  Collection  of  the 
Treaties  and  Conventions 
and  Reciprocal  Regulations 
. . .,  etc.,  Ixviii  —  H. 

Constitutional  Documents  of 
the  Puritan  Revolution,  cxci. 

Concilia,  Decreta,  Leges,  Con- 
stituciones  in  re  Ecclesiarum 
Orbis  Britannici  ab  initio 
Christ [to  1530] ,  xxxiy —  F. 

Concilia  magnce  Britannia  et 
Hibernia:  Acedunt  constitu- 
tiones  et  alia,  xxxiv. 

Contemporary  History  of  Af- 
fairs in  Ireland,  cciii. 

Continuatio  Mat  thai,  cix. 

Coote,   Charles,  206-207. 

Corn  Law.     See  Cobden. 

Cornwallis,  Charles,  First  Mar- 
quis, ccxxxviii. 

Corpus  Juris  Gentium  Recen- 
tissimi  e  Tabulariorum  . . ., 
etc.,  Ixviii  —  c. 

Correspondence,  xxxiv  —  H. 
I.  (Papal);  xxxv ;  cxvii ; 
cxxviii ;  cxxxii ;  cxliii ;  clii ; 
cliv  ;  clxii ;  clxvii ;  clxviii ; 
clxix ;  clxx ;  clxxxiii ;  cxc ; 
ccxii.  See  also  Letters,  Roy- 
al, Kings  of  England,  Origi- 
nal (Hanoverian  Period). 
D'Avaux,  ccvi ;  De  Cominge, 
ccvii ;  Shrewsbury,  ccxii ; 
Carstares,  ccxv ;  Boling- 
broke.  ccxvii ;  William  III. 
and  Louis  XIV.,  ccxxxiv ; 
Bedford,  ccxxvi ;  Pitt, 
ccxxvii ;  Grenville,  ccxxvii ; 
Rose,  ccxxix ;  Auckland, 
ccxxx ;  North,  ccxxxv ; 
Malmsbury,  ccxxxvi ;  Corn- 
wallis, ccxxxviii. 

Councils  and  Ecclesiastical 
Documents,  xxxiv. 

Council,  Orders  in,  Ixviii  —  H. 


Court  Life  under  the  Plan- 
tagenets,  63. 

Crisp,  Stephen,  and  his  Cor- 
respondence, cxcix. 

Cromwellian  Diary,  cxcii. 

Crook,  W.,   175. 

Croyland  Chronicle,  Continua- 
tion of,  cxxxiii. 

Dalrymple,  Sir  John,  ccv. 

Dangerous  Positions  and  Prac- 
tices . . .,  135. 

D'Archery,  D.  L.,  xxxv. 

Dasent,  G.  W.,  Ixxx. 

D'Avaux,  Count,  ccvi. 

Debates.  See  D'Ewes,  Chan- 
dler and  Timberland,  Grey, 
Almon,  Debrett,  Parry,  xxx; 
Hanzard,  Cobbett,  Caven- 
dish ;  Proceedings  in  Parlia- 
ment —  Parliamentary  His- 
tory. 

Debrett,  J.,  xxx. 

D'Ewes'  Journals  of  the  Par- 
liaments of  Queen  Elizabeth, 
xxv ;  clxiv  ;  138;  139. 

De  Rebus  Britannicus,  11. 

De  Scriptoribus  Hibernice,  vi. 

Descriptive  Catalogue  of . . . 
History  of  Great  Britain  and 
Ireland,  viii. 

Devizes,  Richard  of,  cii. 

Dialogues  of  the  Exchequer 
(Dialogus  de  Scaccario),  cv. 

Diary :  Evelyn,  cxcvi ;  Pepys, 
cxcvii ;  Luttrell,  cxcviii ; 
Burton,  cxcii ;  Goddard, 
cxcii ;  Doddington,  ccxxxiv ; 
Lady  of  Quality  (Miss 
Wynn),  200. 

Diceto,  Ralph  of,  ci. 

Dictionary  of  National  Bi- 
ography, vii. 

Diggs,  Sir  Dudley,  clxi. 

Diodorus    Siculus,  17. 

Discourses,  Historical, 
clxxxviii. 

Dispatches,  The  French,  clxviii ; 
Noailles,  clxix. 

Documentary  Annals  of  the 
Reformed  Church  of  Eng- 
land (1546-1716),  xxxiv. 

Documents  inedits  sur  I'His- 
toire  de  France,  clxvii. 


BIBLIOGRAPHICAL    INDEX 


Doddington,      George,      Bubb, 

ccxxxiv. 
Domestic     Papers,     Calendars 

of,  xxiv. 
Doomsday  Book,  xci — D.  ;  49; 

And  Beyond,  xci  —  D. 
Drapicr  Letters,  ccxvi. 
Dry  den,  John,   Works  of,  ccx. 
Duchesne,  A.,  Ixiii  —  g. 
Dugdale,  W.,  xxxvi. 
Dumont,  J.,  Ixviii  —  A. 
Durand,  O.,  Ixvii ;  Ixix. 
Durham,     County     of,     xxix ; 

Simeon  of,  Ixxxvii. 
Dutch  War,  History  of,  ccxiv. 

Eadmcr's  History:  Eadmcri 
Monachi  Cantuariensis  His- 
tories Novorum  . . .,  xciii ;  50 ; 

57- 

Earle,  J.,  Ixxxi ;  xci  —  F. 
Early    English    Text    Society, 

xxxvii. 
East   India   and   Persia,   New 

Account  of,  229. 
Eathch^ard,  Chronicle  of,  Ixxii. 

See  Ethehvard,  Ixxxiii. 
Ebert,  F.  A.,  xiv. 
Ecclesiastical  Documents,  xxiv. 
Ecclesiastics!     Historic?      (Or- 

dericus    Vitalis),     xciv,    44; 

46;  54- 
Ecclesiastical  History    (Bede), 

Ixxii;   Ixxxvi ;   20;  22;  24. 
Ecclesiastical  Polity,  Laws  of, 

134-  . 

Ecclesiastical  Register,  Ixxii. 
Edgar,   Laivs   of.     See   Anglo- 
Saxon  Laws. 
Edward    the    Confessor,   Lives 

of,  Ixxxv. 
Edward    V.,   Life   of,   cxxxvii. 

Grants  in  Reign  of,  cxxviii ; 

VI.,  Literary  Remains  of,  clvi. 
Ellis,    H.,    xxxvi;    cxxv ;    50; 

105 ;    116   et   seq. 
Elmham,  Thomas,  cxxiv. 
Elwood,  Thomas,  cxcix. 
Elizabethan    Seamen,    Voyages 

of,  144  :  145  ;  146.  See  D'Ewes. 
Emma,  Queen  of  the  English: 

Einni(e     Anglorum     Rcgina, 

Ixxxiv. 
England,  Chronicle  of,  cxxi. 


England,  Description  of,  clxxvi. 

England  in  the  Reign  of  Hen- 
ry I/HI.,  cxlvii. 

England,  Manner  of  Govern- 
ment, 133. 

England,  Present  State  of, 
cxcv. 

England's  Recovery,  clxxxix. 

England,  The  Commonwealth 
of,  133- 

English  Catalogue,  xi. 

English  History  for  Students, 
Ix. 

English  Historical  Magazine, 
xci  —  H.  Note. 

English  Historical  Society, 
xxxviii. 

English  Works  of  John  Wyc- 
liffc,  cxxxv. 

Epistola:  Tigurince,  clii. 

Eulogium  Brittanicc  sive  His- 
toria  Britonum,  Ixxix. 

Evelyn,  John,  cxvi. 

Exccrpta   Historica,   xxxix. 

Exchequer,  Dialogues  of,  cv. 

Exchequer,  History  of,  cv. 

Exchequer,  Little  Black  Book 
of,  63. 

Fabian,  B.,  228. 

Fabyan,  Robert,  cxxv. 

Fairfax,   Sir  Thomas,  clxxxix. 

Fasciculi  Zizaniorium,  cxxxv ; 
96-97. 

Fasti  Ecclcsicc  Anglicans,  xl. 
Ecclcsice  Hibernicz,  xl. 

"  Father  of  English  Antiqua- 
ries," ii. 

Fitz-Neal,   Richard,  xcix. 

Fitz-Stephen,  William,  61. 

Fletcher  of  Saltoun,  The  Po- 
litical Works  of,  ccxxi. 

Florence  of  Worcester,  xc;  43. 

Florilegium  Insulcc  Sanctiorum 
scu  Vita;  et  Ada  Sanctorum 
Hibcrnia;,  liii. 

Flowers  of  History,  cvii. 
Chap.  IX,  X. 

Fccdera,  Conventioncs  .  .  .,  etc., 
Ixviii  — A.;  152.  Syllabus 
of,  Ixviii- —  A. 

Foley,  H.,  178. 

Forbes,  Robert,  196;  197;  198; 
199. 


BIBLIOGRAPHICAL   INDEX 


593 


Foreign  State  Papers,  Calen- 
dars of,  xxiy. 

Foxe,  John,  cli. 

French  Ambassador  at  the 
Court  of  Charles  II.,  ccvii. 

Friars,  Grey,  Chronicles  of, 
cliii. 

Froissart,  Chronicle  of,  cxxix. 

Fryer,  John,  229. 

Fuller,  Thomas,   151. 

Fulman,  Wm.,  Ixiii  —  C. 

Gale,  Thomas,  Ixiii  —  d. 

Gaimer,  Geoffrey,  Ixxii. 

Gammage,   C.  G.,  221-222. 

Gardiner,   S.   R.,   Ixviii —  H. 

Gazette,  London,  Ixviii  —  H. 

General  Index  to  British  and 
Foreign  Literature,  ix. 

George  II.  Memoirs  of,  ccxxxi. 

George  III.  Journal,  ccxxxi. ; 
Letters,  ccxxxiv. ;  Corre- 
spondence with  Lord  North, 
ccxxxv. 

Geographies  Strabonis,  17. 

Ger mania  (Tacitus),  Ixxiii. 

Gesta  Guillclmi  Duds  Norman- 
norum  et  Regis  Anglorum 
(William  of  Poitiers),  xcv. 

Gesta  Stephani  Regis  Anglo- 
rum  ct  Duds  Normannorum 
xcvi. 

Gestis  Regum  Anglorum, 
Ixxxix. 

Gibson,  E.,  xxxiv  —  BB. 

Gildas,  Ixxv ;  19. 

Giraldus  Cambrensis,  ciii. 

Glanvill,  civ. 

Goddard,  Guibon,  cxcii ;  168. 

Goldsmith,  E.,  xxxiii. 

Goodman,  Godfrey,  clxxxi. 

Gospel  Book,  York,  42. 

Grants,  Reign  of  Edward  V., 
cxxxviii. 

Granvellc  Papers,  clxvii  —  A ; 
Correspondence,  clxvii  —  B. 

Grenville,  Richard,  ccxxviii. 

Grey  and  Wharton,  v ;  W.  de 
G.,  xci  —  C. 

Grey,  Debates  of  the  House  of 
Commons,  from  1667-1694.. 

XXX. 

Grim,  Edward,  58. 
Gross,  Charles,  xii. 


Grosseteste,  Letters  of  Bishop, 

cxvii. 
Guide  to  the  Principal  Classes 

of  Documents  Preserved  in 

Public  Office,  Ix. 
Guthry,  Henry,  cciv. 
Guy  of  Amiens,  cxii. 

Haddan,  A.  W.,  xxxiv  —  C. 

Hakluyt  Society,  xli. 
xix. 

Hakluyt  Society,  xli. 

Halliwell,  J.  O.,  cix. 

Hall,  Hubert,  63. 

Hall's  Chronicle,  cxlviii. 

Handbook  to  the  Public  Rec- 
ords, Ix. 

Handbook  to  the  Land- 
Charters  and  other  Saxonic 
Documents,  xci. 

Hand-list  of  Bibliographies, 
Classified  Catalogues  and 
Indexes  placed  in  the  Read- 
ing Room  of  the  British 
Museum,  xiv. 

Hansard,  T.  C.,  Parliamentary 
Debates,  xlii.  See  Cobbett 
and  works  cited. 

Hardwicke  Papers,  clx. 

Hardy,  T.  D.,  viii ;  xl. 

Hargraves,  E.,  227. 

Harleian  Miscellany,  xiii ;  So- 
ciety, xliii. 

Harpsfield's  Treatise,  cxliv. 

Harrison's  Description  of  Eng- 
land, clxxvi. 

Harvard  Historical  Studies, 
xii. 

Hastings,  Song  of  the  Battle 
of,  Ixxii.  See  Carmen  de, 
xcii. 

Hastings,  Memoirs  of  Warren, 
230. 

Hayward,  A.,  200. 

Henningford,  Walter,  cxiii. 

Henrice  Archidiaconi  Huntin- 
doniensis  Historic  Anglo- 
rum,  Ixxxviii. 

Henrys,  The  Book  of  the 
Noble,  cxxii. 

Henry  V ,  Life  of,  cxxiv. 

Henry  VII,  Materials  for  a 
History  of  the  Reign  of, 
cxxxix. 


594 


BIBLIOGRAPHICAL   INDEX 


Henry  VIII,  Calendar  of  State 
Papers,  xlx ;  Correspondence 
of,  cxliii. 

Herbert  of  Bosham,  59. 

Hcrodoti  Historiarum,  n. 

Hertslet,  L.,  Ixviii  — H. 

Hcxham  Chronicles,  xcvii. 

Hibernicc,  dc  Scriptoribus,  vi. 

Higden,  R.,  cxx. 

Histoire  dcs  Traitcs  dc  Pai.v  et 
autrcs  negotiations  du  di.f- 
septicme  sicclc,  etc.,  Ixviii  — 
B. 

Historia  Anglicana,  cxi. 

Historia  Johannis  Prioris  Ha- 
gustaldensis,  Ecclcsicc,  xcvii. 

Historia  dc  mirabilis  gcstis  Ed- 
ward Tcrtii,  cxix. 

Historia  a  Normannorum  in 
Angliain  ingressu,  xcviii. 

Historia  Novorum  (Eadmer), 
xciii;  50;  57. 

Historia  pice  memories  Ricar- 
di  Prioris  Hagustaldensis, 
xcvii. 

Historia  Anglorum,  Ixxxviii. 

Historians'  Guide,  175. 

Historica  Ecclesiastica  Gentis 
Anglorum  (Bede),  Ixxvi. 

Historical  Charters,  London,  53. 

Historical  Collections,  Toivn- 
shend,  an  Exact  Account  of 
the  Proceedings  of  the  Four 
Last  Parliaments  of  Queen 
Elisabeth...,  etc.,  clxv.  See 
Collections.  [smid),  131. 

Historical    Documents    (Gold- 

Historical  Literature,  Manual 
of,  xiii.  Charters,  53 ;  56. 

History  of  the  Arrival  of  Ed- 
ward IV.,  cxxxi. 

Histories,  Concordance  of, 
cxxv. 

History,  Flowers  of,  cvii, 
chaps,  ix-x. 

History  of  the  Parliament  of 
England  which  began  Nov. 
3,  1640,  clxxxvi. 

Holinshed,  Chronicles,  cxlix. 

Holies,  Memoirs  of  Denzil 
Lord,  cciii. 

Home  Department  State 
Papers,  Calendars  of,  xxiv. 

Hooker,  Richard,  134. 


Hopfe,  Ixviii  —  EG. 
Hoveden,    Roger    of,    33  —  C ; 

46;  65. 

Howes,  Edmund,  cl  —  b. 
Humberson,  Henry,  191. 
Huntingdon,  Henry  of, 

Ixxxviii. 

Ibcrno-Ccltic  Society,  xlvi. 

Icelandic  Sagas,  Ixxx. 

Illustrations  of  English  His- 
tory, xxxix. 

Illustrium  Majoris  Britannice 
Scriptorium  . .  .,  iii. 

Impartial  Collection  of  the 
Great  Affairs  of  State  (Nal- 
son),  ccii. 

Imperial  Assembly  at  Dellii, 
232. 

Imperial  Institute  of  the  United 
Kingdom,  the  Colonies  and 
India  Publications,  xlv. 

Index  to  Periodical  Literature, 
section  2,  p.  6 ;  Cumulative, 
section  2,  p.  6.  General  to 
British  and  Foreign  Litera- 
ture, ix. 

India,  History  of,  231. 

Ingulfas,  cxxxiii. 

Inventaire  Chronologique  des 
Documents  Rclatifs  a  I'His- 
toire  d'Ecosse,  clxviii. 

Irish  Historical  Bibliography, 
Ware,  vi.  Tanner,  vii. 

Irish  History,  Scriptores,  Ixiii, 
e-f-h,  xxv  ;  Acta  Sanctorum, 
xxxii ;  xxxiv  —  C;  Histor- 
ical Societies,  xlvi;  Archcco- 
logical  Society,  xlvi ;  Flori- 
legium,  liii ;  Ossianic  So- 
ciety, Ivi ;  Contemporary  His- 
tory, cciii. 

Itinerarium  Antonini  Augusti 
et  Hieroslymitanum,  Ixxvii. 

Jaffe,  P.,  xxiv  — H. 

James  I.,  Annals  of,  clxxx ; 
Court  of,  clxxxi ;  History  of, 
clxxx ;  Memorials  and  Let- 
ters of,  clxxxv ;  Works  of, 
149-150. 

fane,  Chronicles  of  Queen, 
clvii. 

Jean  le  Bel,  cxxviii. 


BIBLIOGRAPHICAL   INDEX 


595 


Jeffries,  Life  of  Lord,  ccxi. 

Jesuits,  Records  of  English  So- 
ciety of,  178. 

John,  of  Acton,  xxxiv  —  E; 
of  Amundesham,  cxxvi ; 
Whethamstede,  cxxvii. 

Journals,  House  of  Commons, 
xlvii ;  House  of  Lords,  xlvii. 

Kemble,  J.  M.,  xci  — B. 

Kennett,  W.,  Complete  His- 
tory of  England,  cxxxvii. ; 
49 —  clxxx  ;  Register,  cxciv. 

Ker,  John,  ccxxiii. 

King  James,  His  Judgment  of 
a  King  and  of  Tyrant,  159. 

Kings  of  England.  History  of, 
Ixxxvii ;  Letters  of,  100 ; 
101 ;  102 ;  103. 

Kirk,  History  of  Scotland, 
clviii. 

Knighton,  H.,  94. 

Labanoff,  A.,  clxx. 

Lament,    Elizabeth,    clxxviii. 

Lancaster  and  Durham,  xxix. 

Langebek,  Ixiii  —  i. 

Laws  of  Ecclesiastical  Polity 
(Hooker),  134. 

Laws  and  Statutes,  xlviii ; 
Sources  of,  xlviii.  See  Stat- 
utes ;  Legal  Documents,  xci ; 
Ancient  Laws;  Anglo-Saxon 
Law  ;  Cnut's  Laws ;  Selden 
Society,  etc.,  etc. 

Leclerc,  v. 

Lee,   Sidney,  vii. 

Legibus  et  Consuetudinibus 
Anglia,  cxv. 

Leland,  John,  ii. 

Le  Neve,  J.,  xl. 

Letters,  see  Correspondence. 

Letters  from  George  Lord 
Carew  to  Sir  Thomas  Roe, 
clxxxiii. 

Letters  and  Papers  Illustrative 
of  the  Wars  of  the  English 
in  France  during  the  Reign 
of  Henry  VI,  cxxviii. 

Levi,  L.,  224. 

Lewes  and  Eversham,  de 
Bellis,  cix. 

Liber  de   Illustribus  Henricis, 

Liebermann,  xci  —  E.        [cxxii. 


Literary  Remains  of  King  Ed- 
ward the  Sixth,  clvi. 

Literature,  Historical,  see  Sec- 
tions i  and  2. 

Liturgical  Texts,  xliv. 

London  Catalogue,  xi. 

London,  Charters  and  Constitu- 
tional Documents  of,  53. 

London,  Chronicles  of,  cxlv. 

London  Gazette,  Ixviii  —  H. 

Lords,  House  of,  Journals, 
xlvii.  See  Commons,  De- 
bates, Parliament,  Cobbett, 
Hanzard,  etc.,  etc. 

Lords,  Protests  of  (1624- 
1874),  clxxxvi. 

Lords,  Report  on  the  Dignity 
of  a  Peer,  81. 

Lowndes,  W.,  x. 

Luttrell,  Narcissus,  cxcviii. 

Lynwopd,W.,  xxxiv  —  E. 

Lyon  in  Mourning,  196;  197; 
198;  199. 

Mabillon,  1.    • 

Macaulay,  Life  and  Letters  of 

T.  B.,  220. 

Macpherson,  J.,  Papers,  ccxiii. 

Madox,  T.,  cv. 

Magazines,  American  Histor- 
ical, English  Historical,  xci 
—  H  note. 

Marie  Stuart,  Lettres,  Instruc- 
tions et  Memoires,  clxx. 

Maitland,  F.  W.,  xci — D;  cxvi. 

Maitland  Club,  li. 

Malmesbury,  Correspondence 
of  James  Harris,  First  Earl 
of,  ccxxxvi.  [Ixxxix. 

Malmesbury,        William        of, 

Manner  of  Government  or 
Policies  of  the  Realme  of 
England,  133. 

Mansi,  J.  D.,  xx. 

Manual  of  Historical  Litera- 
ture, xiii. 

Manuel  du  Libraire,  xiv. 

Manx  Society,  Hi. 

Marini,  cxviii. 

Marten,  G.  F.  de,  Ixviii  — D. 

Martene,  E.,  Ixviii,  Ixix. 

Martyrs,  Book  of,  cli. 

Mary  (1689),  History  of  King 
William  and  Queen,  ccxix. 


596 


BIBLIOGRAPHICAL   INDEX 


Materials  for  the  History  of 
Archbishop  Bccket,  58. 

Materials  for  the  History  of 
Britain,  Ixxii. 

Materials-  for  the  History  of 
the  Reign  of  Henry  VII, 
cxxxix. 

Matthciv  Paris,  cviii. 

Maunsell's  Catalogue,  xi. 

May,  T.,  clxxxvi. 

Mclrose,  Chronicles  of,  xcvii. 

Mclrose,  Papers  and  Corre- 
spondence, clxxxii. 

Memoirs  of  Guthry,  cciv ; 
Dalrymplc,  ccv. ;  Hcrvcy, 
ccxxii ;  Kcr,  ccxxiii ;  Wal- 
polc,  ccxxxi ;  Court  and 
Cabinets  of  George  III., 
ccxxxix;  Wraxall,  209; 
Hastings,  230. 

Memorials  of  Affairs  of  State 
(Wimvood,  R.),  clxxiv. 

Memorials  of  the  English  Af- 
fairs, Thurloe,  cci ;  White- 
lock,  cc. 

Memorials  and  Letters  Relat- 
ing to  the  History  of  Britain 
(Dalrymple),  clxxxv. 

Mercurius  Publicus,  173-174. 

Messingham,  Thomas,  liii. 

Metropolitan  Cambrian  Insti- 
tute, Ixx. 

Milton,  John,  Works  of,  ccx. 

Middle  Ages,  xxix ;  xxviii. 

Migne,  L'Abbe,  liv. 

Miscellanea,  novo  ordine  di- 
gesta  et  non  paucis  ineditis 
monument  is  .  .  .,  etc.,  xx. 

Missionary  Priests,  Memoirs 
of,  clxxi. 

Monastic  Annals,  xcii. 

Monastic  Chronicles,  cxi. 

Monasticon  Anglicanum, 
xxxvi. 

Monasteries,  Suppression  of, 
cliv. 

Monstrclct's  Narratives,  cxxx. 

Monumenta  Historica  Britan- 
nica,  Iv ;  Ixxii. 

Monumenta  Britannica  ex 
Autographis  Romanorum 
Pontificum,  cxviii. 

More,  Sir  Thomas,  cxxxvii ; 
cxlvi. 


Morris,  J.,  clxxiii. 

Mullinger,  J.  B..  Ix. 

Munimenta  Gildhallce  Lon- 
doniensis,  cxiv. 

Murhard,    Ixviii  —  E  —  F. 

Mush,  John,  142. 

Mysteries  of  State  and  Govern- 
ment, clxii. 

Nalson,  John,  ccii. 
Narratives  of  the  Expulsion  of 

the  English  from  Normandy, 

cxxviii. 
Narratives  of  the  Days  of  the 

Reformation,  civ. 
Negotiations      of      Count 

d'Avaux,  ccvi. 
Negotiations  Secretes,  Ixviii  — 

B. 
Nennius,    History    of    Britain, 

Ixxix. 

Nennius   Vindicatus,  Ixxix. 
Neve,  see  Le  Neve. 
Newbury,  William  of,  xcviii. 
New  South  Wales,  History  of, 

226. 

Nicholas  Trivet's  Annals,  ex. 
Noaillcs  Dispatches,  clxix. 
Nolan,  E.  H.,  231. 
North  Briton,  201. 
North,     Correspondence     with 

George  III.,  ccxxxv. 
Norths,    Lives    of    the    (Roger 

North),  ccix. 

Northumberland,  Short  Chro- 
nicle of,  Ixii. 

Normandie,  Histoire  de,  cxiv. 
Norman    History    and    Histo- 
rians, xxii,  xxv. 
Note  Book,  Bracton's,  cxvi. 
Notes      of     Debates      (1621), 

clxxxvi. 
Notes   of   Proceedings   in    the 

Long  Parliament,  clxxxvi. 
Notitia,  Anglia,  192. 
Notitia    Dignitatum    et   Admi- 

nistrationum  . .  .,  Ixxviii. 
Nouvcau     Rccucil  .  .  .     depuis 

1808,     jusqu'a     present  .   .   . 

(Martens),  Ixviii  —  E. 
Nouvcau     Rccucil     General... 

Continuation    du   Grand   Rc- 

cueil    [Martens],...    Deuxi- 

eme  Serie,  Ixviii  —  G. 


BIBLIOGRAPHICAL   INDEX 


597 


UoK'Jcaux  Supplements  au  Re- 
cueil  de  Traites  [Martens], 
Ixviii. 

O'Connor,  C,  Ixiii  —  h. 
Official   List    of    the    Empire, 

Ixxviii. 
Official     Year    Book     of    the 

Scientific   and   Learned   So- 

citics,  xi ;  Ixxi. 
Oldmixon,  J.,  ccxix;  193. 
Ordericus    Vitalis,    xciv. ;    44 ; 

46;  54- 

Original  Letters  (Ellis),  50; 
104;  116;  117;  118. 

Original  Papers  Containing  the 
Secret  History  of  Great  Bri- 
tain from  the  Restoration  to 
the  Accession  of  the  House 
of  Hanover,  ccxiii. 

Ormonde,  Letters  and  Papers 
of  the  Duke  of,  cciii. 

Ossianic  Society,  Ivi. 

Our  Times,  History  of  (Bur- 
net),  cxciii. 

Palgrave,  F.,  Iviii. 

Papal  Letters,  xxxiv  —  H  —  I. 

Paris,  Matthew,  cviii. 

Parker  Society,  Iviii. 

Parliamentary  Debates  (1610), 
clxxxvi.  See  Debates,  Par- 
liamentary History,  Papers, 
Writs,  Returns,  etc. 

Parliamentary  History,  Cob- 
bett,  xxx ;  106 ;  102 ;  108 ; 
154;  167;  171:  217.  Con- 
tinuation of  Cobbett,  xlii ; 
or  Constitutional,  xxx ; 
Townshend,  clxiv ;  clxv ; 
clxxxvi.  See  also  xxx. 
D'Ewes  Journals;  Chandler 
and  Timberland's  Debates; 
Grey's  Debates;  Almond  De- 
bates; Debrett's  Debates; 
Parry's  The  Parliaments  and 
Councils  of  England.  See 
also  x.  Parliamentary  In- 
telligencer, 172.  Mercurius 
Publicus,  173:  174;  Annual 
Register,  cxxviii.,  etc.,  etc. 

Parliamentary  Proceedings,  see 
Parliamentary  History. 

Parliamentary  Returns,  Iviii. 


Parliamentary  Writs,  Iviii. 

PapersThe  Verney,  clxxxvii. 

Parry,  The  Parliaments  and 
Councils  of  England,  xxx. 

Paston  Letters,  cxxxii. 

Patriologice  Cursus  Completus, 
liv. 

Payne,  J.  A.,  144-145-146. 

Pecock,  R.,  cxxxiv. 

Peer,  Lord's  Report  upon  the 
Dignity  of,  81. 

Penns  and  Penningtons  of  the 
ijth  Century,  cxcix. 

Pepys,  Samuel,  cxcvii. 

Periodical  Literature,  Pople 
Fletcher's  Index  to,  Section 
2,  p.  6.  Cumulative  Index 
to,  Section  2,  p.  6. 

Peterborough,  Benedict  of, 
cxix. 

Petrie,  H.,  lv.,  Ixxii ;  Ixxxi. 

Pinkerton,  J.,  liii. 

Pipe  Roll  Society,  lix. 

Pitt,  William,  Correspondence 
of,  ccxvii. 

Pitts,  John,  14. 

P lantagenets ,  Court  Life 
under,  63. 

Poitiers,  William  of,  xcv. 

Pole,  Reginald,  cxliv. 

Polybii  Historiarum,  14. 

Poly  chronic  on,  cxx. 

Polydore  Virgil,  cxl. 

Potthast,  A.,  xxxiv  —  I. 

Pre-Norman  Sources,  Section  4. 

Present  State  of  England 
Compleat,  cxcv. 

Pretended  Divorce  between 
Henry  VIII . . .,  cxliv. 

Prince  of  Wales,  Chronicle  of, 
Ixxii. 

Principal  Navigations,  Voy- 
ages, Traffiqucs  and  Dis- 
coveries of  the  English  Na- 
tion, 144  et  seq. 

Protestant  Historians,  Ac- 
counts of,  see  Bale,  iii. 

Protests  of  the-  House  of 
Lords  (1624-1874),  clxxxvi. 

Prothero.  G.  W.,  clxxv. 

Provinciale  seu  Constitutiones 
Anglic? ...  a  Stephana  Lang- 
tono  ad  Heuricum  Chich- 
leium,  xxxiv  —  E. 


S98 


BIBLIOGRAPHICAL   INDEX 


Prynne,  W.,  Iviii. 

Puritan  Revolution,  clxxxvii. 

Quadrilogus,  59. 

Radulfi  dc  Diccto  Decani  Lon- 
denicnsis  Opera  Historica, 
ci. 

Rapin  de  Thoyras,  ccxx. 

Rebellion  and  Civil  War  in 
England  (Clarendon), 

clxxxiv. 

Records:  Record  Society, 
xxiii ;  Classified  and  De- 
fined Ix ;  Handbook  to,  Ix ; 
Guide  to  Principal  Classes 
of  Documents  Preserved  in 
Public  Record  Office,  Ix;  Of 
the  Reformation,  cxlv ;  Of 
the  English  Province  of  the 
Society  of  Jesus,  191 ;  Best 
Books-  and  Reader's  Guide, 
xiv. 

Recueil  des  Historiens  des 
Gaulcs  et  de  la  France,  xxii. 
Cf.  Rcrum  Gallicarum. 

Recueil  de  Traites  d' Alliance, 
de  Paix,  de  Treve,  de  Neu- 
tralite,  de  Commerce,  de 
Limitcs,  d'Echange  . . .,  etc., 
etc.,  Ixviii  —  D. 

Reformation,  Records  of,  cxlv ; 
Narratives  of  the  Days  of, 
civ;  History  of,  114,  115; 
120;  121. 

Regesta  Pontificum  Romano- 
rum,  Jaffe,  xxxiv  —  H; 
Potthast,  xxxiv  —  I. 

Register  and  Chronicle  Eccle- 
siastical and  Civil,  cxciv. 

Register,  Annual,  6o-ccxxxii ; 
210;  2ii ;  212;  213;  214;  215  ; 
216. 

Registrum.  Abbatice  Johannis 
IVhethamstede,  cxxvii. 

Relation,  A,  or  rather  a  true 
account'  of  . . .,  cxlii. 

Rclationum  Historicarum  de 
Rebus  Anglicis,  iv. 

Relations  Politiques  de  la 
France  et  dc  I  Espagne  avec 
I'Ecosse  au  XVI.  Siecle, 
clxviii. 

Reliquiae  Baxtcriana,  ccviii. 


Represser,  Pecock,  cxxiv. 

Reprints,  Arbcr  English,  cxlvi ; 
and  Translations  (University 
of  Pennsylvania),  55;  60; 
80;  81. 

Rerum  Gallicarum  et  Franci- 
carum  Scriptores,  xxii. 

Richard  of  Divizeo,  cii. 

Richard  HI.,  Life  of,  More, 
cxxxvii. 

Rights,  Book  of,  86. 

Rishanger,  William,  cix;  cxi. 

Robert,  of  Avesbury,  History 
of  Edw.  HI,  cxix. 

Robert,  Fabyan,  cxxi. 

Roger  of  Hoveden,  Annals,  c; 
64 ;  65. 

Roger  of  Wendover,  cvn, 
chaps,  ix-x. 

Rolls,  Pipe,  Great  or  Exche- 
quer, Charter,  Close,  Hun- 
dred, Patent,  Plea,  etc.,  lix. 

Rolls  Scries,  xxxi. 

Rose,  George  ccxxix. 

Rousset,  Ixviii  —  B. 

Royal  Historical  Society,  Ixi. 

Royal  Letters,  see  Correspond- 
ence. 

Royal  Society,  Ixi. 

Rushworth,  J.,  Collections  and 
Private  Passages  of  State, 
clxxxvi;  153;  156;  160;  161 ; 
162;  163. 

Russell,  M.,  clix. 

Rymer,  T.,  Ixviii  —  A.  See 
Foedera. 

Sagas,  Icelandic,  Ixxx. 
Saints,   British,   xvi ;   xviii ;   1 ; 

liii;    see    Irish   and    Scottish 

history. 

Saltoun,  Fletcher  of,  ccxxi. 
Samwer,  Ixviii  —  E —  G. 
Sanderson,   R.,   Ixviii  —  A. 
Savigny-Stiftung,      Zeitschrift 

dcr,  xci  —  E. 
Savile,  H.,  Ixiii  —  a. 
Schmid,  R.,  xci  —  E. 
Scotland,      History      of      the 

Church  of,  clix.     See  Kirk. 
Scottish  Burg  Record  Society, 

Ixv. 
Scottish   History   Society,   Ixi, 

195- 


BIBLIOGRAPHICAL   INDEX 


599 


Scriptores :  Camden,  xxv ;  Post 
Bedam  (Savile),  Ixiii  —  a; 
Decem  (Juysdem),  ibid. — 
b;  Rerum  Anglicarum  (Ful- 
man),  ibid.  —  c;  XV  (Gale), 
ibid.  —  d ;  Varii  (  Sparkes  ) , 
ibid. — e;  Vetustiores  (Com- 
melin),  ibid.  —  f;  Norman- 
nite  ( Duchesne) ,  ibid.  —  g ; 
Vctercs  rerum  Hibernicarum 
(O'Connor),  ibid.  —  h;  Re- 
rum  Danicarum  Medii  2Evi 
(  Langbeck  ) ,  ibid.  —  i ;  Re- 
rum gestarum  Wilhelmi  Con- 
qucstoris,  cxv. 

Scriptorum  Ecclesiasticorum 
Historia  Litteraria,  v. 

Selden  Society,  Ixiv. 

Select  Charters  and  other  Il- 
lustrations of  English  Con- 
stitutional History,  from  the 
Earliest  Times  to  the  Reign 
of  Edward  I,  xci  —  G. 

Select  English  Works  of  Wyc- 
lif  (Arnold),  cxxxvi. 

Select  Statutes  and  other  Con- 
stitutional Documents  (Pro- 
thero),  clxxv. 

Seu  Liber  Censualis  Williclmi 
Primi,  xci  —  D. 

Sharpe,  J.,  Iv ;  Ivxxii ;  Ixxxix. 

Shrewsbury,  Correspondence 
of  Charles  Talbot,  Duke  of, 
ccxii. 

Siculus  Diodorus,  17.        [Ixxv. 

Six    Old    English    Chronicles, 

Simeonis  Dunelmensis  Opera 
et  Collectanea,  Ixxxvii. 

Smith,  Sir  Thomas,  133. 

Societies,  Learned  and  Scien- 
tific, Publications  of,  xx; 
Ixxxi. 

Some  Sources  of  History  for 
the  Monmouth  Rebellion  and 
the  Bloody  Assizes,  ccxxi. 

S  o  me  r'  s  Tracts,  clxiii ; 
clxxxvi;  130;  140;  141;  143. 

Soder,  see  Maux. 

Sonnenschein,  W.  S.,  xiv. 

Song  of  the  Battle  of  Hastings, 
Ixxii. 

Sources,  Biblibgraphy  of,  Part 
I,  pp.  2  to  61 ;  Catalogues  of, 
p.  5;  Great  Collections  of,  p. 


9;  Arranged  by  Epochs  — 
Pre- Norman  Period,  p.  26; 
Conquest  to  Charter,  p.  31  ; 
Charter  to  Reformation,  p. 
34;  Tudor  Period,  p.  40; 
Stuart  Period,  p.  49;  Hano- 
verian Period,  p.  55 ;  Nine- 
teenth Century,  p.  61. 

Sources  of  the  Law  of  Eng- 
land, xlviii. 

Sources  and  Literature  of  Eng- 
lish History;  Gross,  xii. 

S  Raiding  Club,  Ixv. 

Sparkes,  Jos.,  Ixiii  —  E. 

Sparrow's  Collection,  xxxiv. 

Spelman,  H.,  xxxiv  —  F. 

Spicillegium  sive  Collectio  ve- 
terum  aliquot  Scriptorum 
qui  in  Gallia  Bibliothecis  de- 
lituerant, . . .  xxxv. 

Spottiswoode,  John,  clix. 

Spottiswoode  Society,  clix. 

Staffords,  William,  clxxviii. 

Starkey,  England  in  the  reign 
of  Henry  the  Eighth,  cxlvii. 

State  Papers,  Calendars  of, 
xxiv  ;  cxliii ;  Selections  from, 
ibid.;  Miscellaneous,  clx. 

State  Papers  and  Miscellaneous 
Correspondence  of  Thomas, 
Earl  of  Melrosc,  clxxxii. 

State  Papers  of  Edward,  Earl 
of  Clarendon,  Calendar  of 
Same,  cci. 

State  Papers  of  William  Cars- 
tares,  ccxv.  [cci. 

State  Papers  of  John  Thurloe, 

State  Tracts,  ccxiv. 

Statutes  and  Laws;  of  the 
Realm,  xlviii ;  cvi ;  28 ;  85  ; 
87 ;  90 ;  91 ;  92 ;  93 ;  95 ;  99 ; 
119;  155;  177;  189;  190-  At 
Large,  xlviii  —  b  —  c ;  84 ; 
88;  109;  no;  in;  112-113: 
164;  129.  At  Large  of  the 
United  Kingdom  of  Great 
Britain  and  Ireland,  xlviii  — 
c ;  Public  General,  xlviii  — 
d ;  Evans'  Collection  of, 
194 ;  208 ;  Scobell's  Col- 
lection (  Commonwealth  ) , 
clxxxvi ;  164-165-166. 

Stephen,  Life  of, 

Steterk,  Ixviii  —  G. 


6oo 


BIBLIOGRAPHICAL    INDEX 


Stow,  John,  cl.  Summaric  of 
the  Chronicles  of  England, 
cl —  a;  Annalcs,  or  a  Gen- 
eral Chronicle  of  England, 
ibid.  (b). 

Survey  of  tJic  Cities  of  London 
. . .  cl  —  c. 

Strabonis  Geographic?,  16. 

Strafford,  Letters  and  De- 
spatches of  Thomas  Wcnti- 
u'orlh,  Earl  of,  158. 

Stubbe,  Phillip,  clxxvii. 

Stubbs,  W.,  xxxiv  —  C;  xci  — 
G  ;  xciv  ;  cl ;  43  ;  62. 

Strype,  John,  cl-c;  136;  137. 

St.  Alba  us,  Chronicle  of  the 
Monastery,  cxi.  See  Am- 
undesham,  Wcthamstcdc. 

Summaric  of  the  Chronicles  of 
England,  cl. 

Surtces  Society,  Ixvi. 

Sii'ift,   Works  of  Dean,  ccxvi. 

Sylvester,  Matthew,  ccviii. 

Synodalia,  A  Collection  of  Ar- 
ticles of  Religion  . . .,  etc. 
(1547-1717),  xxiv  — B. 

Tacitus,  Gcrmania,  Ixxiii ; 
Agricola,  Ixxiii. 

Tanner,  Thomas,  vii. 

Thesaurus  Novus  Anccdoto- 
rum,  Ixvii. 

Thomas,  of  Elham,  cxxiv ; 
Earl  of  Melrose,  clxxxii ;  St. 
of  Canterbury,  58  ct  scq. 

Thorpe,  B.,  Ix  ;  xc ;  xci  —  A ; 
Chap.  V;  41  ;  52. 

Thoyras,  see  Rapin. 

Thurloe,  John,  cci. 

Three  Chapters  of  Letters  re- 
lating to  the  Suppression  of 
the  Monasteries,  cliv. 

Tigurinoe,  Epistola,  'cli. 

Tindal,  N.,  ccxx. 

Titi  Livii  Foro-Julicnsis  Vita 
Henrici  Quinti,  cxxii. 

Topographia  Hibernice,  ciii. 

Townshend,  Heywood,  clxv. 

Tractatus  de  Legibus  ct  Con- 
suetudinibus  regni  AnglicE 
tempore  Regis  Henrici  Se- 
cundi  Compositus,  civ. 

Translations  and  Reprints,  U. 
of  P.,  55;  60;  8o;-8i. 


Treaties  and  Conventions, 
Ixviii  —  A;  Rymcr,  Fccdcra; 
—  B,  Dumont,  Corps  Univcr- 
scl  Diplomatique;  liistoirc 
dcs  Traitcs  de  Paix;  Ne- 
gotiations Secretes;  —  C, 
Wenk,  Corpus  Juris  Gentium 
Rccentissimi . . . ;  —  D,  Mar- 
ten, Rccucil  dc  Traitcs  d' Al- 
liance, etc....;  --  E,  Mar- 
tens, Murhard,  Samwer  and 
Hopfe,  Nouvcau  Rccucil;  - 
F,  Murhard,  Nouvcau  Sup- 
plements au  Rccucil  de  Trai- 
tes;  -—  G,  Samwer,  Hopfe 
and  Stoerk,  Nouveau  Recucil 
General;  -  •  H,  Hertslet's 
Commercial  Treaties;  Mod- 
ern Treaties ;  New  Treaties. 

Trivet,  Nicholas,  ex. 

Trokelowe,  J.  de,  cxi. 

Troubles  of  our  Catholic  Fore- 
fathers, clxxiii ;  142. 

Tub,  Tale  of  a,  ccxvi. 

Twysden,  Ixii  —  b. 

Union  between  Great  Britain 
and  Ireland,  History  of,  206- 
207. 

Universe,  The,  12. 

Urbinatis  Anglica  Histori . . ., 
cxi. 

Usk,  Adam  of,  cxxiii. 

Utopia,  cxlvi. 

Venetian  Relation,  cxlii. 
Verney,    Ralph,    clxxxvi ;    Sir 

Harry,  clxxxvii. 
Verney  Papers,  clxxxvii. 
Vetera  Analecta,  xxxv. 
Veterum  Scriptorum  et  Monu- 

mentorum  . . .,  Ixix. 
Virgil,  Polydore,  cxi. 
Vitalis,  Ordericus,  cxiv ;  44 ; 

46;  54- 

Walker,  Sir  Edward,  clxxxviii. 

Walpple,  Horace,  ccxxxi. 

Walsingham,  T.,  Historica  An- 
glicana,  cxi. 

Walter  Henningford's  Chron- 
icle, cxiii. 

Ware,  Sir  James,  vi. 


BIBLIOGRAPHICAL   INDEX 


601 


Welsh  Manuscripts,  Ixx;  So- 
ciety, Ixx  —  d. 

Wenck,  F.  A.  G.,  Ixviii  —  c. 

Wcndovcr,  Roger  of,  cvii; 
Chap.  IX,  X. 

Wheeler,  J.  T.,  223. 

Whitelock,  Bulstrode,  Memo- 
rials, cc. 

Whitehall,  Secret  History  of, 
176. 

W 'hit gift,  Life  and  Acts  of 
John,  136. 

Wilkes,  John,  201. 

Wilkins,  D..  xxiv  —  9. 

William  HI;  Correspondence 
of,  ccxii :  Papers  concern- 
ing, ccxiii ;  State  Tracts  of 
Reign  of,  ccxiv ;  ccxv ;  His- 
tory of,  ccix,  ccxx;  Letters 
to  Louis  XIV ,  ccxxiv. 


William:  of  Malmcsbury, 
Ixxxix ;  of  Poitiers,  xcv ; 
The  Conqueror,  ibid.;  50; 
of  Newbury,  xcviii ;  Ris- 
hangcr,  cix ;  of  Worcester, 
cxxviii ;  Fits  Stephen,  61. 

Winwood's  Memorials,  clxxiv. 

Wodrow  Society,  li. 

Worcester,  Florence  of,  ex; 
43 ;  William  of,  cxxviii. 

Wraxall,  N.  W.,  209. 

Writs,   Parliamentary,   Iviii. 

Year  Books,  Ixxi. 
York  Gospel  Book,  42. 

Zimmer,  H.,  Ixxix. 
Zisaniorum   Fasciculi,   cxxxv ; 

94-96. 
Zurich  Letters,  clii. 


SUBJECT  INDEX 


A  Subject  Index  to  a  work  of  the  character  of  the  Source- 
Book  of  English  History  could  without  difficulty  be  extended  to 
cover  many  pages.  In  the  present  instance  it  has  been  deemed 
expedient  simply  to  present  the  group  indications.  From  this, 
the  student  will  have  no  difficulty  in  finding  information  on  any 
subject  contained  in  the  book. 


The  references  are  to  Sections,  not  to  pages. 


Act  of  Settlement,  190. 

Act  of  Supremacy,  in. 

Acts  of  Union,  England  and 
Scotland :  Queen  Anne's 
speeches  upon,  193 ;  Act,  194. 
Great  Britain  and  Ireland: 
The  Union  advocated,  206; 
the  Union  opposed,  207 ; 
Act,  208. 

^Ella  and  his  sons  land  in  Bri- 
tain, 23. 

Agricola  in  Britain,  18. 

Aid :  Levying  in  time  of 
Richard  I.,  65 ;  in  time  of 
James  I.,  152.  (See  Benev- 
olence, Ship-money.) 

Albion,  12. 

Alfred,  38,  39- 

American  Exploration,  144 ; 
145;  146;  147. 

American  Revolution,  Ch. 
XXVIII.  The  Question  of 
Taxation.  202 ;  The  Policy 
of  Conciliation,  203 ;  The 
Right  to  Tax,  204 ;  Character 
of  the  American  Colonists, 
205. 

Angevins,  Chs.  VIII,  IX,  X. 

Angles  invade  Britain,  22. 

Anglican  Views  in  Time  of 
Elizabeth,  134. 

Anglo-Saxon  Invasion,  De- 
scription of,  22. 


603 


Anglo-Saxon  Laws  of  Alfred, 
Athelstan,  and  Edgar,  Ch.  V. 

Angylde,  31,  35. 

Annates,  Payment  to  the  Pope 
forbidden,  107. 

Anne,  Speeches  on  Union  of 
England  and  Scotland,  193. 

Anselm  and  Henry  I.,  57. 

Anti-Papal  Statutes,  90.  (See 
also  Ch.  XV.) 

Appeals  to  Rome  prohibited, 
1 08. 

Armada,  Defeat  of  Spanish, 
140. 

Armada,  Speech  made  by  Eliz- 
abeth, 141. 

Aske,  Robert  and  the  Pilgrim- 
age of  Grace,  118. 

Asportatis  Religiosorum,  87. 

Augustine's  Mission,  24. 

Australia,  Ch.  XXXIII:  Es- 
tablishment of  the  Colony, 
225;  First  Penal  Settlement, 
226 ;  Discovery  of  Gold,  227 ; 
Results  of  the  Finding  of 
Gold,  228. 


Barons     win     Magna     Charta 

from  John,  Ch.  X. 
Becket,    Thomas    :»  :    Quarrels 

with   Henry,   and   Death   of, 

58,  59,  60,  6l, 


604 


SUBJECT  INDEX 


Benevolences,  153. 

Bible  in  the  English  Churches, 

1 20. 

Bill  of  Rights,  189. 
Bishops     in     Secular     Courts, 

4i.  52. 

Black  Death,  Ch.  XII. 

Bolton,  Sufferings  at,  223. 

Books  and  Images,  Act  against, 
124. 

Bohrs,  36;  41. 

Bot,  25  ;  34 ;  36 ;  Ch.  V,  passim. 

Breda,  Declaration  of,  171. 
(See  Declaration  of  Breda.) 

Britannic  Islands:  First  men- 
tion of,  12;  way  to  and  prod- 
ucts of,  13. 

Bright,  John,  224. 

Britain :  First  mention  of,  12 ; 
first  mention  of  by  name, 
13;  tin  of,  13;  first  Roman 
invasion  of,  14;  tin  mines  of, 
17;  climate  of,  17,  18;  trade 
route  to  Rome,  17 ;  descrip- 
tion of,  18;  abandoned  by 
Romans,  19 ;  invaded  by 
Picts  and  Scots,  19 ;  invaded 
by  Anglo-Saxons,  22. 

Britons :  Mode  of  warfare,  14, 
18;  description  of,  14,  18; 
characteristics  of,  15,  17; 
form  of  government,  18. 

Briton,  The  North,  201. 

Burhs,  36,  41. 

Burke,  Speech  on  the  Character 
of  the  American  Colonists, 
205. 

Cabal,  175,  176. 

Cabinet  Government,   175,  176. 

Caesar  in  Britain,  14,  16. 

Campeius,  Cardinal,  Speech  at 
Divorce  Trial,  105. 

Canterbury,  the  centre  of  ori- 
ginal Christianity,  24. 

Canute  :  Becomes  King  of  Eng- 
land, 40 ;  Laws  of,  41 ;  Char- 
ter of,  42 ;  Letter  of,  43. 

Cassiterides,  12. 

Castlereagh  on  Union  of  Great 
Britain  and  Ireland,  206. 

Catholics:  Under  Henry  VIII., 
Ch.  XV :  under  Edward  VI., 
Ch.  XVI;  under  James  II., 


178;  under  William  III., 
191. 

Catholic  Emancipation :  The 
No  -  Popery  Riots,  209  ; 
Speech  of  King  George,  210; 
of  Attorney-General  against, 
21 1  ;  of  Lord  Plunkett  for, 
212;  of  Duke  of  Wellington 
on,  213. 

Ceap-gild,  31,  36. 

Cerdic  and  Cynric  settle  Wes- 
sex,  23. 

Charles,  Prince.  (See  Pre- 
tender, Young.) 

Charles  I. :  Abandons  Straf- 
ford,  158;  I58a;  is8b;  Sum- 
mary of  Grievances  against, 
159;  Charge  against,  160; 
Charles  refuses  to  plead,  161 ; 
Sentence  of  the  King,  162; 
Death  Warrant  of  the  King, 
163. 

Charles  II.  makes  the  Declara- 
tion of  Breda,  171. 

Charta,  Magna :  Winning  of, 
Ch.  X:  Text  of,  80;  Con- 
firmation of  by  Edward  I., 
82. 

Chartism,  221,  222. 

Chatham,  Earl  of,  Speech  on 
the  Policy  of  Conciliation, 
203. 

Chippenham,  Treaty  of,  39. 

Christianity  re-introduced  into 
England,  24. 

Church:  Right  to  Tithes,  32; 
Scot,  32;  Hearth-penny,  32; 
Teachings  enforced  by  secu- 
lar power,  42. 

Church  and  State,  Relations 
of :  Danes,  42 ;  Normans, 
50,  51,  52;  Angevins,  58,  59, 
60,  61 ;  Struggle  between 
John  and  Innocent  III.,  Ch. 
IX ;  Ecclesiastical  Sanction 
of  Secular  Law,  83 ;  Mort- 
main, 85  ;  DC  Asportatis  Rc- 
ligiosorum,  87 ;  Provisors, 
90;  Second  Statute  of  Pro- 
visors,  92;  Great  Statute  of 
Prsemunire,  93 ;  Payment  of 
Annates  forbidden,  107 ;  Ap- 
peals to  Rome  prohibited, 
108;  Heresy  punished,  109; 


SUBJECT  INDEX 


605 


Clergy  forced  to  submit  to 
Henry  VIII.,  no;  Act  of 
Supremacy,  in;  Denial  of 
the  Authority  of  the  Pope, 
112;  Dissolution  of  the  Mon- 
asteries, 113;  Surrender  of  a 
Monastery,  114;  Visitation  of 
Monasteries,  115;  Six  Arti- 
cles, 119;  Bible  in  the 
Churches,  120;  Services  to 
be  in  English,  121. 

Church  Services :  To  be  in  Eng- 
lish, 121,  123,  124;  Provisions 
for  Uniformity  in,  123;  124; 
Against  Books  and  Images, 
124. 

Clarendon :  Constitutions  of, 
60;  Assize  of,  62. 

Classes  of  People  in  the  XVIth 
Century,  133. 

Clergy:  Status  of,  30;  Privi- 
leges of,  59,  60;  Submission 
of  to  Henry  VIII.,  no. 

Cljthero,  Margaret,  Death  of 
142. 

Cobden,  Richard,  224. 

Coke,  Sir  Edward,  155. 

Common  Prayer,  Book  of  Ed- 
ward VI.,  124. 

Commonwealth,  England  to  be, 
166. 

Commonwealth  Period,  Ch. 
XXII. 

Communion.  (See  Six  Arti- 
cles and  Sacrament.) 

Constitution  of  the  King's 
Household,  63. 

Constitutions  of  Clarendon,  60. 

Corn  Law :  Suffering  of  the 
Lower  Classes,  223 ;  Repeal 
of  the  Corn  Law,  224. 

Coronation  Oaths :  of  William 
L,  45;  of  Edward  II.,  89;  of 
James  I.,  148. 

Croke,  Richard,  104. 

Cromwell,  Oliver :  Disciplines 
his  first  Parliament,  168 ; 
C.  and  the  kingship,  169. 

Cromwell,  Richard,  becomes 
Lord  Protector,  170. 

Cromwell,  Thomas,  and  the 
Destruction  of  the  Mon- 
asteries, 116. 

Culloden,  Atrocities  after  198. 


Danes  in  England,  Ch.  VI.  "In- 
vasions, 37 ;  Treaty  with  Al- 
fred, 39;  Second  Period  of 
Invasion,  40;  Laws,  41. 

Declaration  of  Breda,  171 ;  Re- 
ception of  by  Parliament, 
172;  Thanks  of  Parliament 
to  Sir  John  Grenville  for 
bringing  Declaration,  173. 

Dissenters  in  the  Eighteenth 
Century,  192. 

Divine  Right  of  Kings,  149, 
150. 

Divorce  between  Henry  VIII. 
and  Katherine  of  Aragon, 
104,  105,  106. 

Dooms,  36.     (See  Ordeal.) 

Doomsday  Survey,  48;  Manor, 
example  of  Survey,  49. 

Dudley,  Lady  Jane.  (See 
Grey,  Lady  Jane.) 


Ecbert,  Overlord  of  Britain, 
23- 

Edward  I. :  Confirms  Char- 
ters, 82;  Abolishes  unjust 
Taxation,  82,  84;  De  Tal- 
lagio  non  Conccdendo,  84 ; 
Mortmain,  85 ;  Provides  for 
Safety  of  Members  of  Parlia- 
ment, 86;  Prevents  Revenues 
of  English  religious  Houses 
being  carried  beyond  seas, 
87;  Quia  Emptores,  88. 

Edward  II.,  Coronation  Oath 
of,  90. 

Edward  III.:  Statute  of  Pro- 
visors,  80;  Statute  of  Trea- 
sons, 91 ;  Second  Statute  of 
Provisors,  92. 

Edward  VI. :  Reign  of,  Ch. 
XVI ;  Journal  of,  125. 

Elizabeth :  Reign  of,  Ch. 
XVIII ;  Religious  Sects  in 
Time  of,  134,  135,  136,  137; 
E.  and  Mary  Stuart,  139;  Ar- 
mada Speech  of,  141 ;  Death 
of,  143- 

Elizabethan  Seamen,  Ch.  XIX. 

Emancipation,  Era  of,  Ch. 
XXX. 

England  becomes  one  King- 
dom, 23. 


6o6 


SUBJECT  INDEX 


English,  Church  Services  to  be 

in,  121,  123. 
English  Bible  to  be  accessible 

in  all  Churches,  121. 
Eorl,  how  man  might  become, 

30. 
Ethelbert,    King   of   Kent,   and 

Augustine,  24. 
Excommunication  of  John,  68. 

Fasts.  (See  Festivals.) 
Festivals  and  Fasts,  35. 
Finch,  Lord  Keeper,  156. 

Gascoyne,  General,  and  the 
First  Reform  Bill,  219. 

Gemot,  31,  36;  of  Salisbury, 
48- 

George  IV.,  Speech  in  favor  of 
Catholic  Emancipation,  210. 

Germans,  Description  of  the 
ancient,  21. 

Gordon,  Lord  George,  209. 

Government,  Instrument  of, 
167. 

Grattan  opposes  the  Union  be- 
tween Great  Britain  and  Ire- 
land, 207. 

Gregory  I.  sends  missionaries 
to  England,  24. 

Gregory  IX.,  Bull  against 
Wycliffe,  97. 

Grenville,  George,  Speech  on 
Question  of  taxing  American 
Colonies,  202. 

Grey,  Lady  Jane :  Claim  to  the 
Throne,  126;  Execution  of, 
127 ;  House  of  Lords  sup- 
ports her  claim,  1283. 

Guthrum,  37,  39. 

Habeas  Corpus  Act,  177. 
Harctico  Comburcndo,  DC,  99. 
Hampden,  John,  146,  157. 
Harold,   King :  defeats  Harold 

Hardrada    and    Tostig,    and 

himself  defeated  by  William 

the  Conqueror,  44. 
Harold    Hardrada   and    Tostig 

invade  England,  44. 
Hastings,  Battle  of,  44. 
Hastings,    Warren,    Letter    of, 

230. 
Hearth-penny,   34. 


Hengist,  22. 

Henry  I. :  Charter  of  Liberties, 
55;  Charter  to  the  City  of 
London,  56;  Quarrel  with 
Ansehn,  57. 

Henry  II. :  H.  and  a  Becket, 
58,  59,  61  ;  Constitutions  of 
Clarendon,  60 ;  Assize  of 
Clarendon,  62 ;  Court  Life 
under  Henry  II.,  63. 

Henry  IV. :  DC  Harctico  Com- 
burcndo, 99. 

Henry  V.  and  VI. :  Letters 
against  Lollards,  100,  101, 
102. 

Henry  VIII. :  Divorce  from 
Katherine  of  Aragon,  104, 
105,  106;  and  the  Church, 
Attitude  to  the  Catholic  Doc- 
trines, 119. 

Hercules,  Pillars  of,  13. 

Heretics  :  DC  H  cere  tic  o  Com- 
burcndo, 99;  Royal  Letters 
concerning,  100  ct  scq.; 
Mandate  for  burning,  103 ; 
Attitude  of  Henry  VIII.  to- 
ward, 109;  of  Edward  VI., 
123,  124;  Mary  burns  Hoop- 
er, 131  ;  Ridley  and  Latimer, 
132. 

Heriot,  41. 

Hooper,  Bishop  John,  burnt  by 
Mary  Tudor,  131. 

Horsa,  22. 

Hundred :  Edgar's  Ordinance 
of,  31  ;  witnesses  for,  41. 

Ida  reigns  over  Northumbria, 

23- 

lerne,  12. 

Images,  Act  against,  124. 

India:  Ch.  XXIV;  English  at 
Surat  and  Bombay,  229 ; 
Warren  Hastings,  230 ;  Ces- 
sion of  India  to  the  Bri- 
tish Crown.  231  ;  Victoria 
made  Empress  of  India,  232. 

Inheritance,  Danish  rule,  41. 

Instrument  of  Government, 
167. 

Interdict  on  England,  67. 

Investiture,   Controversy,   57. 

Jacobite  Rebellions,  Ch.  XXVI. 


SUBJECT  INDEX 


607 


James  I. :  Nominated  as  Suc- 
cessor to  Elizabeth,  143 ; 
Oath  of,  148 ;  His  Theory  of 
Position  of  King,  149,  150; 
J.  and  the  Commons,  154. 

James  II. :  J.  and  the  Catholics, 
178;  Last  Appeal  to  J.  that 
he  would  reform  his  Govern- 
ment, 179. 

James  IV.,  Proclamation  of, 
195.  (See  also  Pretender, 
Young.) 

Jesuits  in  England :  under 
James  II.,  178;  under  Wil- 
liam III.,  119. 

Jews:  End  of  Disability,  214; 
Oaths  Act,  215;  Relief  Act, 
216. 

John :  J.  and  Innocent  III.,  Ch. 
IX ;  J.  excommunicated,  68 ; 
deposed,  69;  submits,  70; 
71 ;  resigns  Crown  and  King- 
dom to  the  Pope,  72 ;  does 
homage  to  the  Pope,  73 ;  J.'s 
struggle  with  the  Barons, 
Ch.  X;  grants  Magna  Char- 
ta;  79- 

Jury.  (See  Assize  of  Claren- 
don.) 

Justice,  how  administered :  in 
the  Hundred,  31,  36,  Ch.  V, 
passim;  under  the  Danes, 
under  the  Normans,  52,  55 ; 
under  the  Angevins,  62  (see 
text  of  Magna  Charta,  80)  ; 
under  the  Tudors,  108. 

Jutes,  22. 

Katherine  of  Aragon,  Divorce 
from  Henry  VIII.,  Ch.  XIV. 

Kent  begun,  23. 

Kindred  of  Lordless  and  Land- 
less Men,  26,  27. 

King,  Office  of  abolished,  164. 

Laborers  :  effect  of  Black 
Death  on,  94;  Statute  of,  95. 

Lad,  41. 

Lancaster  Herald's  Mission  to 
Insurgents  of  the  Pilgrim- 
age of  Grace,  118. 

Landless  Men,  27. 

Latimer,  Bishop  Hugh,  burnt 
by  Mary  Tudor,  132. 


Law  :  Anglo-Saxon,  Ch.  V. 
(See  Justice)  ;  Growth  of, 
Ch.  XI. 

Life  at  the  Court  of  an  Ange- 
vin King,  63. 

Lollardy,  Ch.  XIII. 

London  :  First  Charter  of,  53 ; 
Charter  from  Henry  I.,  56 ; 
given  up  to  the  Barons,  78; 
Convention  of,  235. 

London,  John,  Letter  on  sup- 
pression of  the  Monasteries, 
U7a,  H7c. 

Lordless  Men,  26. 

Macaulay,  Lord,  describes  pas* 
sage  of  First  Reform  Bill, 
220. 

Magna  Charta.  (See  Charta, 
Magna. ) 

Mansfield,  Lord,  Speech  on  the 
Right  to  tax  American  Colo- 
nies, 204. 

Mary  (Tudor)  :  Attitude  on 
Religion  before  her  Acces- 
sion, 125 ;  Claim  to  the 
Throne,  128;  House  of 
Lords  answers  her  claim, 
1283;  Status  as  Queen,  129; 
Attempts  to  restore  Church 
Lands,  130;  Orders  for  Ex- 
ecution of  Bishop  Hooper, 
131 ;  Burning  of  Ridley  and 
Latimer,  132. 

Mary  Stuart  and  Elizabeth, 
139- 

Measures  in  Anglo-Saxon 
Period,  36. 

Mercia    supreme    in    England, 

23- 

Millenary  Petition,  151. 

Monasteries  :  Dissolution  of, 
113;  Confession  with  Sur- 
render of,  114;  Directions 
for  Visitation  of,  113;  Let- 
ters regarding  Suppression 
of,  116;  Mary  attempts  to 
restore  Property  of,  130. 

Money  in  Anglo-Saxon  Period, 
36. 

Mortmain,  Law  of,  85;  88. 

Norman  Rule  in  England,  Ch. 
VII. ;  Norman  Conquest,  44. 


6o8 


SUBJECT  INDEX 


North  Briton,  The,  201. 
Northumbria  :  begun,  23  ;  wins 
supremacy,  23. 

Oaths  Act,  215. 

Oaths  of  Allegiancy  and  Su- 
premacy replaced  by  new 
Oath,  189. 

Offa,  King  of  the  Mercians,  23. 

Ordeals,  Hot  Iron  and  Water, 
28. 

Ordinance,  Secular  of  King 
Edgar,  36. 

Papal  Authority  i  n  England  : 
acknowledge,  72,  73 ;  de- 
nied, 112. 

Parliament  :  Form  of  Sum- 
mons to,  81,  183;  Freedom 
of,  86;  Privileges  of,  138; 
Treatment  of  by  James  I., 
154;  Disciplined  by  Oliver 
Cromwell,  168 ;  thanks  Gren- 
ville  for  bringing-  Declara- 
tion of  Breda,  173;  urges 
King's  return,  174;  Proroga- 
tion of  the  Anti-Reform  P., 
219. 

Peel,  Sir  Robert,  and  the  Corn 
Law,  224. 

People's  Ranks  and  Law,  30. 

Peter's  Pence :  under  the  Sax- 
ons, 34 ;  under  the  Danes, 

43- 

Petition,  Millenary,  151 ;  P.  of 
Right,  155. 

Picts  and  Scots :  ravage  Bri- 
tain, 19;  are  driven  from 
Britain,  20;  relations  with 
Anglo-Saxon  invaders,  22. 

Pilgrimage  of  Grace  :  Sum- 
mons to,  117;  Lancaster 
Herald's  Description  of,  118. 

Plague.     (See  Black  Death.) 

Prsemunire,    Great    Statute   of, 

93- 
Presbyterian  Position  in  Reign 

of  Elizabeth,  135. 
Pretender,     Young  :     Landing, 

196;    Escape    at    Moy    Hall, 

197;    Atrocities   after   Cullo- 

den,   198 ;   Bond  given  by  Y. 

P.,    193 ;    Execution    of    the 

Rebel  Lords,  200. 


Pretoria,  Convention  of,  234. 

Privileges  of  Parliament,  138; 
of  Clergy.  (See  Constitu- 
tions of  Clarendon.) 

Puritan  Demands  in  Convoca- 
tion of  1563,  137. 

Queen  Regnant,  Status  of,  129. 
Quia  Emptorcs,  88. 

Ranks  of  the  People  in  Anglo- 
Saxon  Period,  30. 

Reform,  Parliamentary,  Ch. 
XXXI. :  Lord  John  Russell's 
Speech  on  the  First  Reform 
Bill,  218;  Prorogation  of 
the  Anti-Reform  Parliament, 
219;  Passage  of  the  First 
Reform  Bill,  220.  (See  also 
Chartism,  Corn-Law,  Catho- 
lic and  Jewish  Emancipa- 
tion.) 

Restoration,  Ch.  XXIII. 

Richard  I. :  First  Coronation 
of,  64;  Levying  a  Feudal 
Aid  in  time  of,  65. 

Richard  II. :  Great  Statute  of 
Prsemunire,  93. 

Ridley,  Bishop  Nicholas,  132. 

Right,  Petition  of,  155;  Bill 
of,  189. 

Riots,  The  No-Popery,  209. 

Romans  in  Britain:  Caesar,  14: 
Agricola,  18;  Government  of 
Britain  by,  18;  withdraw 
from  Britain,  19. 

Rome  (see  also  Hearth-penny, 
Peter's  Pence,  and  Church)  : 
England  not  a  fief  to,  50 ; 
not  to  interfere  in  English 
civil  affairs,  66,  67 ;  John 
surrenders  England  to  Inno- 
cent III.,  to  take  it  back  as 
fief  of  Rome.  Ch.  IX. ;  Con- 
flict of  R.  with  Henry  VIII., 
Ch.  XV. 

Royal    Supremacy,    Canons  of, 

Si- 
Runnymede,      Magna      Charta 

signed  at,  79. 
Russell,  Lord  John,  Speech  on 

First  Reform  Bill,  218. 

Sacrament,     Regulations     con- 


SUBJECT  INDEX 


609 


earning   that   of   the   Lord's 

Supper,  122.     (See  also  Six 

Articles,  The.) 
Salisbury,  Gemot  of,  48. 
Sand-River  Convention,  233. 
Saxons :    invade    Britain,    22 ; 

settlements,  22. 
Scotland    united    to    England, 

193,  194- 
Sects,  Religious,  in  the  time  of 

Elizabeth,  134,  135,  136,  137. 
Senlac.     (See  Hastings,  Battle 

of.) 
Separation      of      Ecclesiastical 

and  Lay  Jurisdictions,  52. 
Settlement,  Act  of,  190. 
Ship-Money :    First    Writ    of; 

156;  declared  illegal,  157. 
Six  Articles,  The,  119. 
Slave  Trade,  End  of,  217. 
Stamford  Bridge,  Battle  of,  44. 
Strafford  and  Charles  I.,  158, 

!S8a,   is8b. 
Stuart    Theory    of    Kingship, 

149,  150. 

Subinfeudation,  88. 
Submission  of  Clergy  to  Henry 

VIII.,  1 10. 
Summary       of       Grievances 

against  Charles  I.,  159. 
Summons  to  Parliament,  175; 

183- 
Supremacy,  Act  of,  in.     (See 

also  112.) 
Sussex  begun,  23. 

Tallagio  non  Concedendo,  De, 
84- 

Teutonic  Tribes.  (See  Ger- 
mans.) 

Thane,  how  man  might  be- 
come, 30. 

Throne  of  England  held  by 
Parliamentary  Title,  188. 

Tin:  in  the  Cassiterides,  12; 
in  Britain,  14,  15. 

Tithes:  under  the  Saxons,  33; 
under  the  Danes,  43.  (See 
also  Church.) 


Tithing,  41. 

Tostig,  44. 

Transvaal,  England  and  the, 
Ch.  XXXV. 

Treasons,  First  Statute  of,  91. 

Tregonwell,  John,  Letter  con- 
cerning suppression  of  Mon- 
asteries, ii7b. 

Uniformity,     Act    of     (1548), 

123. 
Union.     (See  Acts  of  Union.) 

Voyages  :  Hawkins',  144; 
Drake's,  145 ;  Frobisher's, 
146;  Barlowe's,  147. 

Wedmore.  (See  Chippen- 
ham.) 

Wellington,  Duke  of,  on  Catho- 
lic Emancipation,  213. 

Wer-gild,  29.  (See  wer  in  36, 
and  Ch.  V.  passim.) 

Wessex:   begun,  23;   supreme, 

23- 

Westminster,  Council  of,  59. 

Whitgift,  Articles  touching 
Preachers  and  other  Orders 
for  the  Church,  136. 

Wilkes,  John,  201. 

William  the  Conqueror:  in- 
vades England,  44;  Corona- 
tion Oath  of,  45 ;  Administra- 
tion of,  46 ;  Character  of,  47 ; 
Letter  to  Gregory  VII.,  50; 
Independence  from  Papal 
Rule,  51 ;  Charter  to  London, 

S3- 

William  of  Orange :  invited  to 
come  to  England,  180 ;  his 
Reign,  Ch.  XXIIL,  passim. 

William  Rufas,  Rule  of,  54. 

Witan,  32. 

Wite,  33,  41. 

Woodstock,  Council  of,  58. 

Wycliffe :  Wycliffite  Conclu- 
sions, 06;  Bull  of  Gregory 
XI.  against  W.,  97;  Reply  to 
Gregory  IX.,  98. 


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